Baptism and the Lord's Supper for that they have not a visible sign or ceremony ordained of God the Sacraments were not ordained of Christ to be gazed upon or to be carried about but that we should duly use them And in such only as worthily receive them they have a wholsome effect or operation but they that receive them unworthily purchase to themselves damnation as Saint Paul saith 26. Of the Vnworthiness of the Ministers which hinder not the effect of the Sacraments Article 26 Although in the visible Church the evil be ever mingled with the good and sometime the evil have chief Authority in the Ministration of the Word and Sacramenes yet for as much as they doe not the same in their own Name but in Christ's and do Minister by his Commission and Authority we may use their Ministring both in hearing the Word of God and in the receiving of the Sacraments Neither is the effect of Christ's Ordinance taken away by their wickedness nor the grace of God's guifts diminished from such as by Faith and rightly do receive the Sacraments Ministred unto them which are effectual because of Christ's Institution and Promise although they be Ministred by evil Men. Nevertheless it appertaineth to the Discipline of the Church that inquiry be made of evil Ministers and that they be accused by those that have knowledge of their Offences and finally being found guilty by just judgment be deposed 27. Of Baptism Article 27 Baptism is not only a sign of Profession and mark of Defence whereby Christian Men are discerned from others that be not Christned but it is also a sign of Regeneration or new Birth whereby as by an Instrument they that receive Baptism rightly are grafted into the Church the Promises of the forgiveness of sin and of our Adoption to be the Sons of God by the Holy Ghost are visibly signed and sealed Faith is confirmed and Grace increased by virtue of Prayer unto God The Baptism of Young Children is in any wise to be retained in the Church as most agreeable with the Institution of Christ 28. Of the Supper of the Lord. Article 28 The Supper of the Lord is not only a sign of the Love that Christians ought to have among themselves one to another but rather it is a Sacrament of our Redemption by Christ's death Insomuch that to such as worthily and with Faith receive the same the Bread which we break is a partaking of the Body of Christ and likewise the Cup of Blessing is a partaking of the Blood of Christ Transubstantiation or the change of the substance of Bread and Wine in the Supper of the Lord cannot be proved by Holy Writ but it is repugnant to the plain Words of Scripture overthroweth the Nature of a Sacrament and hath given occasion to many superstitions The Body of Christ is given and taken and eaten in the Supper only after an Heavenly and Spiritual manner and the means whereby the Body of Christ is received and eaten in the Supper is Faith The Sacraments of the Lord's Supper were not by Christ's Ordinance reserved carried about lifted up or Worshipped 29. Of the wicked which do not eat the Body and Blood of Christ in the use of the Lord's Supper Article 29 The wicked and such as be void of a lively Faith although they do carnally and visibly press with their Teeth as S. Augustine saith the Sacrament of the Body and Blood of Christ yet in no wise are they partakers of Christ but rather to their Condemnation do eat and drink the Sign or Sacrament of so great a thing 30. Of both kinds Article 30 The Cup of the Lord is not to be denied to the Lay-people for both the parts of the Lord's Sacrament by Christ's Ordinance and Commandment ought to be Ministred to all Christian Men. 31. Of the one Oblation of Christ finished upon the Cross Article 31 The offering of Christ once made is that perfect Redemption Propitiation and Satisfaction for all the sins of the whole World both Original and Actual and there is none other satisfaction for sin but that alone wherefore the Sacrifices of Masses in the which it was commonly said that the Priests did offer Christ for the Quick and the Dead to have Remission of pain and guilt were blasphemous Fables and dangerous deceits 32. Of the Marriage of Priests Article 32 Bishops Priests and Deacons are not commanded by God's Law either to vow the Estate of single Life or to abstain from Marriage therefore it is Lawfull also for them as for all other Christian Men to Marry at their own discretion as they shall judge the same to serve better to godliness 33. Of Excommunicate Persons how they are to be avoided Article 33 That Person which by open Denunciation of the Church is rightly cut of from the Unity of the Church and Excommunicated ought to be taken of the whole multitude of the faithfull as an Heathen and Publican untill he be openly reconciled by Penance and received into the Church by a Judge that hath Authority thereto 34. Of the Traditions of the Church Article 34 It is not necessary that Traditions and Ceremonies be in all places one or utterly like for at all times they have been divers and changed according to the diversity of countries times and mens manners so that nothing be ordained against God's Word whoever through his private judgment willingly and purposely doth openly break the Traditions and Ceremonies of the Church which be not Repugnant to the Word of God and be ordained and approved by common Authority ought to be rebuked openly that other may fear to doe the like as he that offendeth against the common order of the Church and woundeth the consciences of the weak Brethren Every particular or National Church hath Authority to Ordain Change and Abolish Ceremonies or Rights of the Church Ordained onely by Man's Authority so that all things be done to Edifying 35. Of Homilies Article 35 The second Book of Homilies the several Titles whereof we have joyned under this Article doth contain a godly and wholesome Doctrine and necessary for these times as doth the former Book of Homilies which were set forth in the time of Edw. the sixth and therefore we judge them fit to be read in Churches by the Ministers diligently and distinctly that they may be understood of the People 36. Of Consecration of Bishops and Ministers Article 36 The Book of Consecration of Archbishops and Bishops and ordering of Priests and Deacons set forth in the time of Edward the sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordering neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or ordered according to the Rites of that Book since the second Year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We
Masters or Mistresses neglecting to send their Children Servants or Apprentices to be Catechised or the Servants or Apprentices refusing to go to learn are to be suspended and if they persist so by the space of a Month then to be Excommunicated And every Minister that hath cure is to prepare make able and procure as many as he can to be brought and confirmed by the Bishop and every Bishop or his Suffragan in his accustomed Visitation is in his own Person to Confirm such and if in that Year by reason of some Infirmity he is not able Personally to Visit then he is not to omit it the next Year after And no Minister upon pein of Suspension ipso facto for three Years is to celebrate Matrimony between any Persons without a Faculty or Licence granted 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 Spiritualities or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively except the Banes of Matrimony have been published three several Sundays or Holydays in the time of Divine Service in the Parish Churches or Chapels where the said parties dwell neither shall any Minister under the like pein Marry any such Licensed Persons in any other place but in the Church or Chapel where one of them dwelleth and between the hours of eight and twelve in the Forenoon in time of Divine Service nor when Banes are thrice asked and no Licence necessary till the Parents or Governors of the parties to be Married being under the age of one and twenty Years shall either personally or by sufficient Testimony signify to him their consents to the said Marriage And if any Minister under colour of any peculiar Liberty or Privilege claimed to appertain to certain Churches shall offend herein he may be suspended for three Years by the Ordinary of the place where the offence was committed and if the Minister remove from such place before suspension then may the Ordinary of the place where he remaineth upon the other Ordinarie's Certificate under Hand and Seal execute that censure upon him Can. 59 60 61 62 63 101. Every Parson Vicar or Curate is Ministers to bid Holy-days conferr with Recusants c. solemnly to bid Holy-days or Fasting-days the Sunday before they fall as the Common-Prayer Book directs and all Ministers are solemnly in time of Divine Service in their Parish Churches upon some Sunday to denounce Recusants and Persons Excommunicate and every Preaching Minister having any Popish Recusant or Recusants in his Parish is to confer with them to see if he can reclaim them from their Errors The Minister also or Curate when any Person is sick in their Parish having knowledge thereof if the disease be not known or probably suspected to be Infectious are to repair to instruct and comfort them after the Order of the Communion Book if he be no Preacher and if he be a Preacher then as he shall think most convenient and when any is dying then a Bell shall be tolled and the Minister then is to perform his last duty and after the party's 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 And no Minister without the Bishop's Licence under Hand and Seal is to keep any solemn Feasts either in publick or in private Houses other than such as by Law are or shall be appointed nor shall be willingly present at any of them under pein of suspension the first fault Excommunication the second and deposition from the Ministery the third Nor shall any Minister without such Licence as aforesaid hold any meetings for Sermons termed Prophesies or Exercises in Market Towns or elsewhere under the same peins neither may any Minister upon any pretence whatsoever either of possession or obsession by Fasting and Prayer attempt to cast out any Divil or Divils under pein of being accounted an Impostor and to be deposed from the Ministery And no Priests or Ministers of the Word of God are to hold private Conventicles which may in any way tend to the impeaching or depraving of the Doctrine of the Church of England or Book of Common-Prayer or any part of the Discipline established in the Church of England upon pein of Excommunication ipso facto Can. 64 65 66 67. 72 73. The Penalty for Preaching or Teaching that eating Fish or forbearing Flesh is of necessity to Salvation If any Minister or other Person by Preaching Teaching Writing or open Speech maintain the eating of Fish or forbearing of Flesh to be of necessity to Salvation or the Service of God otherwise than other publick Laws are and be they may be punished as spreaders of false News by the stat 5 Eliz. and it is there also enacted that if any Parson Vicar or Curate do Licence any Person to eat Flesh on Fish days other than such who are sick and evidently appear to have need thereof by reason of their sickness the Licence shall be void and every such Parson Vicar or Curate shall forfeit for every such Licence otherwise granted five Marks the Offence to be prosecuted within half a Year after it is committed or else no loss or forfeiture to be answered 5 Eliz. cap. 5. If any Minister or other Person during The Penalty for declaring that the K. is an Heretick c. the King's life do maliciously and advisedly by Writing Printing Preaching or other Speaking publish or declare that the King is an Heretick or Papist or that he endeavours to introduce Popery or if they incite or stir up the people to the hatred or dislike of his Person or Government and being thereof Legally convicted such person so offending is made incapable of holding injoying or exercising any place office or promotion Ecclesiastical Civil or Military and if they preach or maintain c. that the Parliament begun the third of November 1640. is yet in being or that there is any Obligation on the King or any other person from any Oath Covenant or Ingagement whatsoever to change the Government in Church or State or that the two Houses of Parliament or either of them have a Legislative power without the King such person offending herein incurs the danger and penalty of a praemunire 13 Car. 2. Cap. 1. What Statutes Ministers are to reade in their Churches Every Minister is once every year in his Church upon some Sunday in the time of the greatest Assembly to reade the Statute of the 5 and 6 Eliz. 6. cap. 1. and shew the power and effect of the unanimous Prayers of God's people in their necessities and every Minister is also every year the Sunday before the fifth day of November publickly to reade to his Parishioners in his Church after Morning-Prayer or Preaching the Statute of the 3 Jac. cap. 1. And they are also twice every
year upon some Sunday after Evening-Prayer to reade in their Parish Churches the Statute of the 20 Jac. cap. 20. against prophane cursing and swearing and once every year upon some Sunday or Holyday in the Afternoon before Divine Service they are to reade the Book of Canons agreed upon in the Synod begun at London Anno Dom. 1603. and every Minister every year in his Church the Sunday next before the 29 day of May at Morning-Prayer is to reade the Statute of the 12 Car. 2. cap. 14. Ministers before their Sermons Lectures What Order Ministers are to observe in their Prayer before their Sermons c. and Homilies are to Pray first for the Holy Catholick-Church of Christ through the whole World and especially for the Churches of England Scotland and Ireland then for the King Queen and Royal Family next for all Arch-Bishops Bishops and other Pastors and Curates of God's Holy Word and Sacraments then for the King's Privy-Council and all the Nobility and Magistrates of his Realm and for the Commons that they may live in true Faith and fear of God in humble Obedience to the King and Brotherly Charity one to another and lastly they must praise God for all those who have departed out of this Life in the Faith of Christ and must pray to God that we by Grace may learn to follow their Good Example that after this Life ended we may be partakers with them of the Glorious Resurrection of the Life Everlasting and must always conclude with the Lord's Prayer Can. 55. The Supream Ecclesiastical power in the King Note That the King hath the Supream Ecclesiastical Power in him as it hath been held and agreed and may without Parliament make Orders and Constitutions for the Government of the Clergy and may deprive them if they obey not and they can make no Canons or Constitutions without his Assent Cro. Jac. f. 37. Mo. Rep. f. 155. pl. 1043. and Vaugh. Rep. f. 329. The power of the Convecations But some Clergy-men seem to think and others do not stick to say that no Orders or Constitutions can be made to bind them but what are agreed upon in the Convocations of the Clergy therefore I think it will not be amiss to insert here the Authority of the Convocation as my Lord Coke sets it down in his fourth part of his Institutes which take as followeth he saith it is called Convocation a Convocando because they are called together by the King 's Writ and their Authority being never assembled together but by the King 's Writ was to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein they did proceed juxta Legem Divinam Canones Sanctae Ecclesiae and as they could never assemble but by the King 's Writ so they were oftentimes commanded by the King 's Writ to deal with nothing that concerned the King's Laws of the Land his Crown and Dignity his Person or his State or the State of his Council or Kingdom and so whatsoever Act is done in the Convocation is under the Power and Authority of the King but not è contra what he doth under them see the King's Letters in the conclusion of this Chapter vide Co. Inst 4 part f. 322. 26 H. 6. 13. and 21 Eliz. 4. f. 45. a. p. Vavasour and f. 45. 6 p. Starkey and Brown and Rolls Cases 1 p. f. No Canons to be made in the Convocation without the King's Licence And the Lord Coke saith further that the King did often appoint Commissioners by writ to sit with them at the Convocation and to have Conusance of such things as they meant to establish that nothing should be done in prejudice ut supra And therefore the Statute of 25 H. 8 cap. 19. whereby it is provided that no Canons Constitutions or Ordinance should be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which were contrariant or repugnant to the King's Prerogative Royal or the Customes Laws or Statutes of this Realm is but declaratory of the old Common-Law but by the said Act their Jurisdiction and Power is much lestned concerning making of new Canons for they must have both Licence to make them and after they be made they must have the King 's Royal Assent to the allowance thereof before they be put in Execution 25 H. 8. cap. 19. Co. Inst 4 part f. 323. The King's Letters of direction to the Archbishop of Canterbury concerning the Clergy The King's Majesty in his Letters and Directions to the Archbishop of Canterbury dated the fourteenth Year of his now Majestie 's Reign in the Month of October declares there to this effect First That no Preachers in their Sermons shall presume to meddle with matters of State to modell new Governments or take upon them to Declare Limit or bound out the Authority and Power of Sovereign Princes or to State and Determine the difference between Princes and People but that as they have occasion they Faithfully tell the People of their duty of Subjection and Obedience to their Governors Superior and Subordinate of all sorts and to the established Laws according to the Word of God and the Doctrine of the Church of England as it is contained in the Homilies of Obedience and Articles of Religion set forth by publick Authority Secondly That they spend not their time in the search of speculative and abstruse Notions especially in and about the deep points of Election and Reprobation the Incomprehensible manner of the Concurrence of God's free Grace and Man's free Will and such Controversies as depend thereon And that however they do not presume possitively and doctrinaly to determine any thing concerning the same Thirdly That they forbear in their Sermons ordinarily and causelesly to enter upon the handling of any other Controversies of less moment and difficulty And when occasionally they be invited by their Text or Auditory to fall into them that they doe it with all Modesty Gravity and Candor asserting the Doctrine and Discipline of the Church of England from the Cavils and Objections of such as are Adversaries to either without bitterness railing jeering or other unnecessary or unseemly Provocation Fourthly That they Catechise the Younger sort according to the Book of Common-Prayer and in their ordinary Sermons do chiefly insist upon Catechistical Doctrines containing the necessary Truths of Christian Religion and setting forth withall what Influence such Doctrine ought to have in their Lives and Conversations and stirring up the People by their Lives and Doctrine to the practice of such Religious and Moral duties as are the proper result of the said Doctrines as Self-denyal Contempt of the World Humility Patience Meekness Temperance Justice Mercy Obedience and the like and to hate and shun sin especially the sins so rife and common amongst us and more especially those usually called the seven deadly sins and all kind of Debauchery Sensuality Rebellion Prophaneness Atheisin
one be taken away by the Parson or any other the Heir or Executors of the party buried shall sue for them 9 E. 4. 14. a. Lady Wyche Case vide 10 H. 4. 9. 21 H. 7. 21. 11 H. 4. 12. 27 H. 3. Prohibition 26. 31 H. 4 12. F. N. B. 9 R. and see Co. Inst 3 part f. 202. M. 10 Jac. C. B. Corven and Pym's Case A Bell hung in the Steeple or Pew set in the Church cannot be removed by the party If a Man buy a Bell and hang it up in the Church Steeple or make a Pew and set it up in the Church though he makes neither words nor writing thereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Church-Wardens might sue them for it 8 H. 7. 12. 10 H. 4. 9. vide Ritchin p. 277. a. Church-Wardens to sue for Organs taken away If the Organs be taken out of the Church the Church-Wardens may have an action of Trespass for the same for the Organs belong to the Parishioners and not to the Parson and therefore the Parson cannot sue such party in the Ecclesiastical Court that took them Tr. 21 Jac. B. R. per curiam Roll's Cases 1 part f. 393. Trees in the Church-Yard belong to the Parson All Trees growing in Church-yards belong to the Ministers but they are not to presume to cut them or fell them down unadvisedly but when the Chancell of the Church doth want necessary Reparations and they are not to be converted to any other use except the Body of the Church doth need like repair and my Lord Cook saith meliorem conditionem Ecclesiae facere potest praelatus deteriorem nequaquam vide stat ne rectores prosternant arbores in Coemiterio 35 E. 1. Co. Rep. 11. Lib. f. 49. b. vide M. 13 Jac. B. R. Bellamie's Case Roll's Rep. 1 part f. 255. pl. 23. No Fairs or Markets to be kept in Church-yards By the Statute of Winchester it is provided that neither Fairs nor Markets be kept in Church-yards for the Honour of the Church stat Winchester made at Westminster 13 E. 1. and he that doth keep any Fair or Market there may be fined for it Lamb. 419. By whom Churches are to be repaired And note that the Body of the Church is to be repaired at the charge of the owners of Houses and Lands in the Parish for that it is the place where Divine Service is Celebrated and the Bodies of the Parishioners of the best sort and quality are buried in respect whereof the Law doth allow the Ecclesiastical Court to have Conusance thereof and for the providing decent Ornaments for the Celebration of Divine Service they are also to repair such publick Chapels as are annexed to the Church but not the private Chapel of any though annexed to the Church for that must be repaired by him that hath the proper use of it for qui sentit commodum sentire debet onus circumspecte agatis 13 E. 1. Co. Inst 2 part f. 489. F. N. B. 50. N. Regist f. 44. b. Brit. f. 11. vide M. 31 32 Eliz. B. R. Jeffery and Rensly and Foster's Case Co. Rep. 5. Lib. f. 66. and P. 41 Eliz. B. R. Paget and Crumpton's Case Cro. Eliz. f. 659. pl. 5. By whom the Church-yard is to be inclâ—sed The Parishioners are also to repair the Inclosure of the Church-yard because the Bodies of the common sort are buried there and for the preservation of the Burials of those that were or should have been whilst they lived the Temples of the Holy Ghost and Coemeterium is derived of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Dormio and therefore Coemeterium est quasi Dormitorium quia mortui Dormire dicuntur usque ad Resurrectionem And also if the Church-yard be not decently Inclosed the Church which is Domus Dei cannot decently be kept and therefore this the Parishioners ought to do per consuetudinem notoriam approbatam and the Conusance thereof is allowed by the 13 E. 1 stat circumspecte agatis Co. Inst 2 part f. 489. Regist 44. b. Brit. f. 11. vide Jeffery and Rensly and Foster's Case M. 31 32 Eliz. B. R. Co. Rep. 5 Lib. f. 66. and P. 41 Eliz. B. R. Paget's Case there cited f. 67. b. What things are to be provided by the Church-Wards The Church-Wardens or Questmen of every Parish are at the Parish charge to provide the great Bible for every Church and Chapel with the Book of Common-Prayer and Books of Homilies a Font of stone for publick Christning with a decent Communion Table which is to be covered in time of Divine Service with a Carpet of Silk or other decent stuff and with a fair Linnen Cloth at the time of the Communion and the ten Commandemens to be set upon the East end of the Church or Chapel where the People may best see and reade them and other chosen sentences to be written upon the Walls of the said Churches and Chapels and a decent Pulpit is also to be set in a convenient place therein with a Chest for Alms having a hole in the upper part thereof and three Kayes one to remain with the Parson Vicar or Curate and the other two with the Church-Wardens they are also to take care that the Church Windows from time to time be well Glased and that the Floors be kept paved plain and even without dust or any noysome or unseemly thing and to take care that the Church-yard be sufficiently repaired and fenced with Walls Rails or Pales according to the Custom at their charges who by Law ought to repair the same and they are also to see that the peace be well kept at every meeting of the Congregation and that Persons Excommunicated and so denounced be kept out of the Church and they are not to suffer any Plays Feasts Banquets Suppers Church-Ales Drinkings Temporal Courts or Leets Lay-Juries Musters or any other prophane usage to be kept in the Church Chapel or Church-yard nor the Bells to be rung superstitiously on Holy-days or Eves abrogated by the Book of Common-Prayer and all those who have Authority to hold Ecclesiastical Visitations shall either in Person or by Substitute survey the Churches of their Jurisdiction once every three Years to see if all things be in good repair Can. 80 81 82 83 84 85 86 88. If any Person whatsoever shall by words only Quarrel Chide or Brawl The punishment for quarrelling or fighting in Church or Church-yard in any Church or Church-yard the Ordinary upon Proof of two Lawfull Witnesses if he be a Lay-man may suspend him ab ingressu Ecclesiae and if a Clergy Man from the Ministration of his Office for so long time as the Ordinary thinks meet according to the fault And if any Person or Persons whatsoever shall
containeth any thing in it that is Repugnant to the word of God or that they who are so made are not Lawfully made and Ordained they are to be Excommunicated ipso facto and not to be restored till they Repent and Publickly Revoke such wicked Errors Gan. 8. Also if any affirm that the King's The Penalty of such as Impugne the King's Supremacy c. Majesty hath not the same Authority in Causes Ecclesiastical that the godly Kings had amongst the Jews Or Impeach in any part his Regal Supremacy Or affirm that the Church of England by Law established under the King's Majesty is not a true and an Apostolical Church Or that the Form of God's Worship contained in the Book of Common-Prayer and Administration of Sacraments is Corrupt Superstitious and Unlawfull Or that any of the 39 Articles of Religion made in the Year 1562. are in any part Superstitious or Erronious Or that the Rites and Cerimonies established in the Church of England are wicked Antichristian or Superstitious Or that the Government of the Church of England under his Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or Repugnant to the word of God they are also ipso facto to be Excommunicate and not to be restored till they Repent and Publickly a revoke such wicked Errors Can. 2 3 4 5 6 7. And if any affirm that such Ministers The punishment of such as affirm that such Ministers as refuse to subscribe to the form of God's Worship in the Church of England may take unto the Name of another Church c. as refuse to subscribe to the form of God's Worship in the Church of Engl. and their Adherents may take unto them the Name of another Church not established by Law or that they a long time groaned under the burthen of certain grievances imposed on them Or that there are other Assemblies of the King's Subjects within the Realm other then such as by the Laws of this Kingdom are held and allowed to be such who may rightly challenge to them selves the Name of true and Lawfull Churches Or that it is Lawfull for any Ministers or People to joyn together and make Constitutions in Causes Ecclesiastical without the King's Authority They are to suffer the like pain of Excommunication and not to be restored till Repentance and Publick Revocation of their Errors Can. 10 11 12. The punishment of these which affirm that the Sacred Synode of the Nation assembled by the King's Authority is not the 〈◊〉 Church by Representation Likewise if any affirm that the sacred Synode of the Nation assembled in the Name of Christ and by Authority of the King is not the true Church of England by Representation Or that none are bound by the Decrees of such Synode that are not present there themselves or do not agree to them Such Person so affirming is to be Excommunicate and not to be restored till he Repent and Publickly Revoke his Errors Can. 139. 140. How Ministers are to be Apparelled Note That all Ministers shall usually wear Gowns with standing Collers and Sleeves straight at the Hands or wide Sleeves as is used in the Universities and in their Journies they shall usually wear Cloaks with sleeves commonly called Priests Cloaks without Gards Welts long Buttons or Cuts and no Ecclesiastical Person shall wear any Coif or wrought night Cap but only plain night Cap of black Silk Satten or Velvet and in private Houses and in their Studies They may use any comely and Schollar-like Apparel provided it be not Cut or Pinkt and that in Publick they go not in their Dublet and Hose without Coats or Cassocks and also that they wear not any light coloured Stockins likewise Poor Beneficed-men and Curates not being able to Provide themselves long Gowns may go in short Gowns of the Fashion aforesaid Can. 74. Ecclesiastical Persons not to frequent Taverns or Ale-houses No Ecclesiastical Persons shall at any time other then for their honest necessities resort to any Taverns or Ale-houses neither shall they board or lodge in any such places Nor shall they give themselves to any base or servile labour or to drinking or riot spending their time idlely by Day or by Night Playing at Cards Diee or Tables or any other unlawfull Game But at all times convenient they shall hear or read somewhat of the Holy Scriptures or shall occupy themselves with some other honest study or exercise alwaies doing the things-that-shall appertain to Honestie and indeavouring to profit the Church of God having alwaies in mind that they ought to excell all other in purity of Life and should be Examples to the People to Live well and christianly under pain of Ecclesiastical Censures to be inflicted with severity according to the Qualities of their Offences Can. 75. Ministers not Relinquish their callings No man being admitted a Deacon or Minister shall voluntarily Relinquish the same nor afterwards use himself in the course of his Life as a Lay-man upon pein of Excommunication Can. 76. CHAP. II. What things are required both by the Laws of this Kingdom and the Canons in force to be observed and performed by Ministers upon and after their Admission Institution and Induction to a Living with some few things relating to the Convocation And lastly the King's Majestie 's Letters and Directions in the fourteenth year of his Reign to the Archbishop of Canterbury concerning the Clergy SUCH Person as is Qualified as the He who is presented to a Living must carry his Presentation to the Bishop c. Law requires and hopes to obtain a Living and is promised to be presented according to Law must in the first place get a Presentation from the right and undoubted Patron of the Church where he designs to be Parson the form of which Presentation see in the fifth Chapter and after such Presentation obtained he is within six Months after the Church becomes void by Death Creation or Cession of the last Incumbent to tender his Presentation to the Bishop of that Diocess within which the Church is or to his Vicar General or in the Vacation when there is no Bishop of such Diocess to the Guardian of the Spiritualities to whom the Law allows a reasonable time to Examine his Abilities for the Ordinary is not bound to dispatch him as soon as he goes but may appoint him a convenient time within the six Months to attend him for his Approbation Hob. Rep. f. 317. Hughe's Parson's Law cap. 11. 15. H. 7. 7. b. Examin del Incumbent deg cap. 2. Hughe's grand abridgm 1 part p. 134. Case 5. What Admission and Institution signifie And if the Bishop or Ordinary c. upon Examination of the Clerk find him capable and able he may then admit and Institute him Admission in propriety of Speech is when the Bishop finding the Clerk able saith admitto te habilem and Institution is when the Bishop saith
and will do my best endeavour to disclose make known unto his Majesty his Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position That Princes which be Excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe in my Conscience am resolved that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be Lawfully Ministred on to me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express Words by me spoken and according to the plain and common sense and understanding of the same Words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian so help me God 3 Jac. cap. 4. Note That every Person that is admitted Minister to read the â—9 Articles of Religion within Two Months after Induction to a Benefice with cure must within two Months after his Induction to the same reade the 39 Articles of Religion set down verbatim in the next Chapter in the same Church where he shall have cure in the time of Common-Prayer there that is after some part thereof be reade and before all the Prayers be done and then declare his unfeigned assent thereunto and must be admitted to Administer the Sacraments within one Year after his Induction if he be not admitted so before and if he fail in either of these things he shall be ipso facto immediately deprived 13. Eliz. cap. 12. The reading of the Articles and subsâ—â—iption must be absâ—â—uâ—e And observe that this reading of the Articles must be of the very Book it self and no other and it must be verbatim as it is in the Book and not otherwise and the subscription must be absolute and not qualified as to say I subscribe them with this or the like addition viz. so far forth as the same are agreeable to the Word of God for if the subscription be not absolute it is not good and so it was resolved m. 33. and 34. Eliz. B. R. in Smith's and Clerk's Case Cro. Eliz. f. 252. p. 19. Co. 4 part Inst f. 324. vide H. 22. and 23 Car. 2. C. B. Rot. 680. Shute's and Higden's Case where Higden lost the Rectory of Elm in the County of Somerset for not reading the Articles within two Months after his Induction Vaugh. Rep. f. 129. Every Person also who shall be presented Every Person put into any Ecclesiastical Benefice is within two Months after Induction to read the Morning and Evening Prayers c. collated or put into any Ecclesiastical Benefice or Promotion is within two Months after Induction or Installation in the Church Chapel or place of publick Worship belonging to his said Benefice or Promotion upon some Lord's-day publickly openly and solemnly to read the Morning and Evening Prayers appointed to be read by and according to the Book of Common-Prayer now appointed and allowed at the times thereby appointed and after such reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things therein contained and prescribed in these following Words and no other viz. I. A. B. do here declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book Intituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons And every Person who withoutsome Lawfull Impediment be allowed by the Ordinary shall neglect or refuse to doe the same within the time aforesaid or in Case of such Impediment within one Month after such Impediment removed shall ipso facto be deprived of all his said Ecclesiastical Benefices and Promotions the Patrons may present again as if such Persons were naturally dead 14 Car. 2. cap. 4. Inâ—umbents Reseâ—enâ— and keeping Curaâ—es to reade the Common-Prayers once every Month themselves In all places where the proper Incumbent of any Parsonage or Vicarage or Benefice with cure doth reside on his Living and keeps a Curate the Incumbent himself in Person not having some Lawfull Impediment to be allowed by the Ordinary of the place shall once every Month at least openly and publickly read the Common-Prayers and Service prescribed in and by the Book of Common-Prayer and also Administer each of the Sacraments and other Rites if there be occasion in the Parish Church or Chapel of or belonging to the same Parsonage Vicarage or Benefice on pain of Five Pounds to the use of the poor of the Parish for every Offence upon Conviction by Confession or proof of two Witnesses on Oath before two Justices of the Peace and in default of payment within ten days to be Levyed by distress and sail of his goods and Chattels by the Church-Wardens or Overseers of the poor of the same Parish by Warrant from the said Justices rendring the Surplusage to the party 14 Car. 2. cap. 4. In all cases of avoidance or deprivation Nâ— Lapse to Inâ—â—r upon avoidance on the stat 14 Car. 2. without notice given ipso facto by virtue of the stat 14. Car. 2. no Title to confer or present by Lapse shall accrew but after six Months after notice of such deprivation given by the Ordinary to the Patron or such sentence of deprivation openly and publickly read in the Parish Church of the Benefice Parsonage or Vicarage becoming void or whereof the Incumbent shall be deprived 14 Car. 2. cap. 4. Lecturers â—o reade the Common-Prayers at their entrance and once every Month afteâ— Every Person who shall be Licensed and appointed or received as a Lecturer to Preach upon any day of the week in any Church Chapel or place of publick Worship the first time he Preacheth before his Sermon shall openly and publickly read the Common-Prayers appointed to be read for that time of the day and declare his assent to the Book as aforesaid and upon the first Lecture day of every Month afterwards so long as he continues Lecturer and Preaches there at the place appointed for his said Lecture or Sermon before his said Sermon he must also read the said Prayers and declare his assent to the Book as aforesaid and for neglect hereof every such Lecturer is
disabled from thenceforth to Preach the said or any other Lecture or Sermon in the said or any other Church Chapel or place of publick Worship untill such time as he Conform in all points as aforesaid but if the said Sermon or Lecture be to be Preached or read in any Cathedral or Collegiate Church or Chapel it is sufficient for the Lecturer at the said time to declare his assent to the said Book of Common-Prayer in Form as aforesaid 14 Car. 2. cap. 4. When any Sermon or Lecture is to be Preached the Common-Prayers shall be read Every time when any Sermon or Lecture is to be Preached the Common-Prayers and Service appointed for that time of the day shall be publickly and openly read by some Priest or Deacon in the Church Chapel or place of publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be Preached and that the Lecturer then to Preach shall be present at the reading thereof But this is not to extend to the publick University Lectures but that they may be Preached as formerly they used 14. Car. 2. cap. 4. No Form or Order of Common No Order of Common-Prayer but what is in the Book of Common-Prayer to be used Prayers Administration of Sacraments Rights or Ceremonies are to be openly used in Church or Chapel or other publick place of Worship other then what is prescribed in the Book of Common Prayer aforesaid but the said Prayers and Service in the Chapels or other publick places of the Colleges and Halls in both the Universities and in the Colleges of Westminster Winchester and Eaton and in the Convocations of the Clergie in either Province may be in Latin 14 Car. 2 cap. 4. The Penalty for refusing to use the Common-Prayers or using any other Form of Prayers And if any Minister refuse to use the same Form and Order of Prayers c. according to the said Book or wilfully use any other Rite Ceremony Order or Form of Prayers or Administration of the Sacraments c. openly or privily then is prescribed there or shall Preach Declare or Speak any thing in the derogation or depraving of the said Book or any thing therein contained or of any part thereof and be thereof lawfully convicted by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact shall for the first Ofsence forfeit to the King's Highness the profit of such one of his Spiritual Benefices or promotions as his Majesty shall Assign or Appoint for one whole year then next following after such Conviction and suffer six Months Imprisonment without Bail and for the second Offence they forfeit all their Spiritual promotions and the Patrons may present as if the parties were naturally dead and for the third Offence they are to be Imprisoned during Life and if the person offending have no Spiritual promotion then the first Offence is Imprisonment six Months without Bail and the second Offence Imprisonment during Life 2. 3. Eliz. 6 cap. 1. and by the 1 Eliz. cap. 2. the first Offence aforesaid forfeits the profits of all his Spiritual promotions for a year and to suffer six Months Imprisonment without Bail the second Offence a years Imprisonment without Bail and ipso facto to be deprived of all his Spiritual promotions and the Patrons to present as aforesaid and the third Offence Imprisonment during Life and ipso facto to be deprived of all his Spiritual promotions and if such Person have no Spiritual promotion then the first Offence is Imprisonment for a year without Bail and the second Offence during Life both these Statutes of the 2 and 3 Eliz. 6 cap. 1. and 1 Eliz. cap. 2. are to have Relation to the Book of Common Prayer now used 14 Car. 2. cap. 4. one Flemming was Indicted a second time for giving the Sacrament of Baptism in other Form than is prescribed in the stat 1 Eliz. and in the Book of Common Prayer and it was Awarded that he should suffer Imprisonment for a year and should be Adjudged ipso facto deprived of all his Spiritual promotions m. 26 and 27 Eliz. B. R. Flemming's Case Leon. Rep. 1. parte f. 295. pl. 403. If any Person or Persons whatsoever The Penalty for depraving of the Common Prayer Book or compelling any Minister c. to say any other Common-Prayer shall in any Interludes Plays Songs Rymes or by other open words declare or speak any thing in derogation of the Common Prayer Book or of any thing therein contained or shall by open Act Deed or by open threatning compel or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chapel or other place to say any Common or open Prayer or to Administer any Sacrament otherwise than is mentioned in the Common-Prayer Book or shall unlawfully interrupt them in saying or singing of the said Prayers according to the said Book and be thereof Lawfully Convicted as aforesaid for the first Offence he forfeits to the King's Majesty ten pounds and if not paid within six weeks after Conviction then instead of the said ten pounds to suffer three Months Imprisonment without Bail the second Offence to pay twenty pounds and if not paid within six weeks after Conviction then instead thereof to suffer six Months Imprisonment without Bail and for the third Offence to forfeit all his Goods and Chattels and suffer Imprisonment during Life 2. 3 Eliz. 6. cap. 1. but by the 1 Eliz. the first of these Offences is an hundred Marks forfeiture and if not paid within six weeks to suffer six Months Imprisonment without Bail the second Offence is four hundred Marks and if not paid within six weeks to suffer twelve Months Imprisonment without Bail and the third Offence is a forfeiture of all their Goods and Chattels and Imprisonment during Life But no Person is to be Impeached for any of these Offences or the Offences mentioned in the last Section unless he be Indicted at the next General Sessions to be holden before any Justices of Oyer and Terminer or Justices of Assize next after such Offence committed or done nor is any one to be punished twice for one Offence that is both by the Ecclesiastical Judge and Civil Magistrate 1 Eliz. cap. 2. these statutes are to have Relation to the Common-Prayer Book now used 14 Car. 2. cap. 4. Any Man understanding the Greek Any Man may say privately the Common-Prayer in Hebrew c. or such other Language as he understands Latin and Hebrew Tongue or other strange Tongue may say the Common-Prayers before-mentioned in Latin or any such other Tongue saying the same privately as they do understand and in the Universities of Cambridge and Oxford they may use and exercise in their Common and open Prayer in their Chapels being not Parish Churches or other places of Prayer the Mattens Evening Song Litany and all other Prayers
the Holy Communion Excepted prescribed in the said Book in Greek Latin or Hebrew and all Men as well in Churches Chapels Oratories or other places may use openly any Psalms or Prayer taken out of the Bible at any time nor letting or omitting thereby the service or any part thereof mentioned in the Book of Common-Prayer 2. 3 Eliz. 6. cap. 1. If any Person or Persons who do not Conform and are disabled to Preach The Penalty against such persons who Preach and are disabled by 14. Car. 2. by the statute of the 14 Car. 2. shall during such time as they continue so disabled Preach any Sermon or Lecture that then for every such Offence the Person and Persons so offending are to suffer three Months Imprisonment in the common Goal without Bail and any two Justices of the Peace of the County and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place to him or them of the Offence committed may commit the Person or Persons to the Goal of the County City or Town Corporate accordingly 14 Car. 2. cap. 4. The Penalty for refusing to hear Common Prayer and being present and joyning with other Religious Assemblies If any Person or Persons above the age of sixteen Years shall obstinately refuse to repair to some Church Chapel or usual place of Common-Prayer and shall forbear by the space of a Month to hear Divine Service and shall either of him or themselves or by the perswasion of any others willingly joyn in or be present at any Assemblies Conventicles or Meetings under colour or pretence of the exercise of Religion contrary to the Laws and Statutes of this Realm every Person so offending and being Lawfully Convicted are to be committed to Prison there to remain without Bail till they Conform and yield to come to some Church Chapel or usual place of Common-Prayer and hear Divine Service established according to Law and make such open Submission and Declaration of their said Conformity as hereafter follows and if the Person offending shall not within three Months after Conviction Conform and make Submission being required thereunto by the Bishop of the Diocess or any Justice of the Peace of the County where the party is or by the Minister or Curate of the Parish then such Offender shall abjure the Realm and refusing to abjure or returning again after abjuration without the King's Licence shall be adjudged a Felon and suffer as a Felon But if such party before he be warned to make abjuration do repair to some Parish Church on some Sunday or Feastival day and hear Divine Service and before Sermon time or reading of the Gospel and make open Submission then the Offender is to be clearly discharged from all the Penalties and Punishments aforesaid 35 Eliz. cap. 1. 16 Car. 2. cap. 4. Popish Reâ—usant and Feme Covert not to abjure No Popish Recusant or Feme Covert shall be compelled to abjure by virtue of the said Act 35 Eliz. and every Person that shall abjure by virtue thereof or refuse to abjure shall forfeit to the King's Majesty all his Goods and Chattels for ever and loose all his Lands and Tenements during his Life but the Wife not to loose her Dower nor any Corruption of Blood to be for any of the said Offences and the Heir to enjoy the Lands and Tenements after the Offender's Death 35 Eliz. cap. 1. The Form of Submission The Form of the Submission aforementioned is to be in these words viz. I. A. B. do humbly confess and acknowledge that I have grievously offended God in contemning his Majestie 's Godly and Lawfull Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered unlawfull Conventicles and Assemblies under pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over his Majesty And I do promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform his Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and to my uttermost endeavour to maintain and defend the same 35 Eliz. cap. 1. The Penalty of Relapsing after Submission Note That if after such Submission the Offender Relaps then he looseth all advantage got by his Submission and shall be in the same condition as if such Submission had never been made And every Minister or Curate of every Parish where such Submission is made is to enter the same into a Book to be kept for that purpose and within ten days then next following to Certifie the same in writing to the Bishop of the same Diocess 35 Eliz. cap. 1. this stat is declared to be still in force by the 16 Car. 2. cap. 4. Observe That the Governour or Masters of Collâ—ges c. to Subscribe to the Articles of Religion and Book of Common-Prayer c. Head of every College and Hall in either of the Universities and the Colleges of Westminster Winchester and Eaton within one Month after his Election or Collation and Admission into the said Government or Headship must openly and publickly in the Church Chapel or other publick place of the same College or Hall and in the presence of the Fellows and Schollars of the same or the greater part of them then Resident Subscribe unto the Book of Articles of Religion and declare his unfeigned assent and consent unto and approbation of the same and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the Book of Common-Prayer And they must also once every quarter of a Year at least not having a Lawfull Impediment openly and publickly read the Morning Prayer and Service in and by the said Book appointed to be read in the Church Chapel or other publick place of the same College or Hall upon pein to loose and be suspended of and from all the benefits and profits belonging to the same Government and Headship by the space of six Months by the visitor or visitors of the same College or Hall and being suspended for the causes aforesaid if they do not at or before the end of six Months after such suspension Subscribe unto the said Articles and Book and declare their consent thereunto as aforesaid or read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void 14 Car. 2. cap. 4. If any Person Ecclesiastical or having Ecclesiastical Living shall advisedly The punishment for affirming any Doctrine contrary to the 39 Articles of Religion or any of them maintain or affirm any Doctrine directly contrary or repugnant to any of the nine and thirty Articles
to give it under his hand to the Minister who is to send it to the Bishop of the Diocese or Ordinary of the place Provided that every Minister so repelling any for the causes aforesaid upon complaint to the Ordinary shall obey his Order and Direction therein and the Minister is to observe whether all his Parishioners come so often every year to the Communion as is required and whether any Strangers come commonly from other Parishes to his Church and shall acquaint their Minister with it least they be such as their own Ministers turn back that so they may be remitted and sent home to their own Parish Churches and Ministers there to receive the Communion with the rest of their own Neighbours Can. 26 27 28. No Ministeris to delay the Christning of any Child that is brought to him upon Ministers not to delay Christning or Burial Registers to be kept c. Sundays or Holy-days to be Christned nor to Bury any Corps brought to the Church or Church-yard convenient warning being given him thereof before upon pein in either of these cases to be suspended by the Bishop of the Diocese for three Months unless the party to be Buried were excommunicated majori excommunicatione and in such case he may refuse to bury him and if an Infant be weak and in danger of Death the Minister upon notice and request thereof is to goe to the place where it is and Baptise the Infant without delay upon like pein as aforesaid and not to be restored till he promise before the Ordinary not to incur the like again willingly but if the Minister keep a Curate then this shall not extend to the Parson or Vicar but to the Curate and no Minister can urge any Parent to be present nor is any Parent to be Godfather for his own Child nor is any Godfather or Godmother to make any other answer than is prescribed by the Book of Common-Prayer or to be admitted to be Godfather or Godmother to any Child at Christning or Confirmation before they have taken the Communion nor is any Minister to omit Signing every Infant at Baptism with the Sign of the Cross and in every Parish there must be provided a Parchment-Book at the Parish charge for Registring all Christnings Weddings and Burials in and this Book is to be kept in a Coffer with three Locks and Keys whereof one is to remain with the Minister and the other two with the Church-Wardens and upon every Sabbath-day after Morning or Evening Prayer they are to take the Book out of the Coffer and the Minister in the presence of the Church-Wardens must write down in the said Book the Names of all persons Christned together with the Names and Sirnames of their Parents and also the Names of all persons Married and Buried in that Church in the week before and the day and year of every such Christning Marriage and Burial and then the Book to be laid up again and to every page of the Book when it is filled with Subscriptions they are to Subscribe their Names and the Church-Wardens once every year within a Month after the five and twentieth day of March are to Transmit a true Coppy thereof to the Bishop of the Diocese or his Chancellour Subscribed with their hands as aforesaid to the end the same may be faithfully preferved in the Registrie of the said Bishop which Certificate is to be received without Fee Can. 68 69. 29.30.70 The Common-Prayer is to be said Ministers to reade the Common-Prayer upon Holy-days and all Wednesdays and Fridays c. or sung reverently upon all Holy-days appointed by the Book of Common-Prayer and their Eves at the usual time of the days in such place of the Church as the people may be most Edified and all Ministers are to observe the Rites and Ceremonies prescribed by the said Book without diminishing or adding any thing and Ministers upon Wednesdays and Fridays weekly though they be not Holy-days are to say the Littany and give warning to the people to repair to the Church by the Tolling of a Bell and in the whole Service and Administration of the Holy Communion in all Colleges and Halls in both the Universities the Ceremonies c. prescribed by the Book of Common Prayer are to be duly observed without adding or diminishing any thing and all the Masters Fellows Schollers and Students of such Colleges and Halls in their Churches and Chapels upon all Sundays Holy-days and their Eves at the time of Divine Service must wear Surplices and the Graduates Hoods upon their Surplices according to their several Degrees Can. 14 15 16 17. No Minister not Licensed by the Bishop None to expound unlâ—ss he be a Licenc'd Preacher c. to Preach is to take upon him to expound any part of the Scripture but is to reade the Homilies without making a gloss upon them nor is any Minister to suffer any Man to Preach within his Church or Chapel but such as are Lawfully Licensed nor are the Deans Presidents and Residentiaries of any Cathedral or Collegiate Church to suffer any stranger to Preach without Lawfull Licence and if any such stranger in his Sermon Preach any thing contrary to the Word of God or the nine and thirty Articles of Religion the Dean or Residents shall by their Letter subscribed with some of ther Hands that heard him so soon as they can give notice thereof to the Bishop of the Diocese and the Church-Wardens and Side-men are to have a Book wherein they are to take care that every strange Minister that Preacheth in their Church shall subscribe his Name the day when he Preached and Bishop's Name from whom he had his Licence And no Preacher before he hath acquainted the Bishop of the Diocese and received his Order is purposely to Impugne any Doctrine delivered by any other Preacher in the same Church or any other near adjoyning and if any offend herein the party grieved or Church-Wardens are to acquaint the Bishop and not to suffer him to Preach there any more unless he promise to forbear all such matter of Contention till the Bishop take Order therein who is withall speed so to proceed that publick satisfaction may be made in the Congregation where the Offence was given and if either party offending do appeal he must not Preach Pendente Lite Can. 49 50 51 52 53. Every Parson Vicar or Curate upon Ministers to Catechise every Sunday before Evening Prayer and to Marry none without Licence or asking in the Church c. every Sunday and Holy-day before Evening Prayer is for half an hour or more to examine and instruct the Youth and Ignorant Persons of his Parish and teach them the Catechism set forth in the Book of Common-Prayer and if any Minister neglect for the first Offence he is to be sharply reproved by the Ordinary upon complaint made the second time wilfully offending is suspension and the third time Excommunication and all Fathers Mothers
the Patronage is not out of the King but the King may remove the Incumbent by a Quare Impedit though there have been a double and treble Usurpation yet till the Incumbent be removed who is Parson de facto though not de jure the Church is full against the King so that he cannot present any other to the Church during this time for by the Usurpation the presentment hac vice is out of the King neither can the King before the Clerk be removed present the same Clerk who is in by Usurpation for it cannot enure as a surrender or new presentment and so are all the Books which seem to differ in this point to be intended as 4 E. 3 Quare Impedit 33. 18 E. 3. 16. 43 E. 3. 14. 47 E. 4. 1. H. 7. 19 Bro. Quare Impedit 39 Dyer f. 351. a. for thus it was adjudged in point as my Lord Cook reports it in P. 25 Eliz. C. B. Pescod and Yardlie's Case Co. Rep. 6 Lib. f. 30. a. M. Rep. f. 338 pl. 457. Rep. 1 part f. 81 pl. 147. and Owen's Rep. f. 43. the same Case vide P. 13 Jac. B. R. the King against the Bishop of Norwich Cole and Saker Cro. Jac. f. 385 pl. 16. and Roll's Rep. 1 part f. 235. pl. 7 Co. Lit. f. 344 b. Tr. 4 Jac. B. R. the King and Champion's Case Cro. Jac. f. 123 pl. 8. Godbolt's Rep. f. 263. pl. 362 Co. 2 part Inst f. 358. Roll's Cases 2 part f. 349 Q. 4 5. 372 I. 8 Co. Rep. 6 Lib. f. 49 b. in fine If one recover in a Quare Impedit against an Incumbent the Incumbent After recovery in a Quare Impedit the Patron may present without removal is so removed by the judgment upon the Quare Impedit that the Recoverer may present to the Church without any other removing of the Incumbent although he continue Incumbent de facto till the Recoverer do present but a stranger to the recovery cannot present till the Incumbent be removed note the diversity M. 12 Jac. B. R. Whistler and Singleton's Ca. Ro. Rep. 1 part f. 62 pl. 6. and see f. 213. and M. 13 Jac. Fairbank and Durham's Ca. f. 242 H. 14 Eliz. B. R. Bennet and Edward's Ca. M. Rep. f. 571 pl. 784. Boulstr Rep. 3 part f. 38. and Roll's Cases 2 part f. 350. Collation be Lapse without good Title puts not the Patron out of Possession If the Bishop Collate without good Title of Lapse this doth not put the Patron out of Possession but he may present afterwards although the Bishop's Clerk be Inducted for it shall be taken only to be provisionally made for Celebration of Divine Service untill the Patron do present but such an Usurpation by Collation shall take away the right of Collation that is in another Bishop so that he cannot present till the Incumbent be removed 17 Eliz. 3. 64 Co. Lit. f. 344 b. 30 Eliz. B. R. Jorden's Case Collation Tortious where A Bishop Collates without good Title either of Lapse or otherwise and afterwards the Patron dies and then the six Months pass and the Executors bring a Quare Impedit by virtue of the stat 4 E. 3 cap. 5. and the Bishop and Incumbent plead Plenarty for six Months and upon demurrer this was adjudged no Plea because such Collation is no Plenarty being Tortious M. 32 33 Eliz. C. B. Smalwood and other Executors of Sale against the Bishop of Coventry and Litchfield Cro. Eliz. f. 207 pl. 1. Roll's Cases 2 part f. 350. If the King present ratione Lapsus Where the King is deceived in his Presentment it puts not the Patron out of Possession c. where he hath no Title to present by Lapse or otherwise and upon this the Ordinary Admits Institutes and Inducts the Clerk yet this does not put the right Patron to his Quare Impedit but he may present for the Presentment was void the King being deceived and so the Institution and Induction without any Presentment and if the King present ratione Lapsus where he hath Title pleno jure and so mistakes his Title in this Case although the Clerk be Instituted and Inducted yet this doth not put the King to his Quare Impedit for the Presentment is void and so the King is not out of Possession but may present before removal of such Clerk Also if the King repeal his Presentation before Induction of the Clerk and give notice thereof to the Ordinary who notwithstanding afterwards Institutes and Inducts him yet the King may present another for the Church is not full because it is no Presentation and in such Cases where the King repeals his Presentation though he give no notice to the Ordinary yet if the Ordinary after such repeal Institutes and Inducts it is void and if the King presents A. and upon refusal of him brings a Quare Impedit and pending the same B. procures a Presentment of the King for himself in deceit of the King and upon this is Instituted and Inducted by the Ordinary yet this doth not put the King out of Possession because the Presentment is void and so the King may present before the removal of B. by Quare Impedit if a Man present in time of War and the Presentee is Instituted and Inducted in time of Peace this doth not put the Patron to his Quare Impedit but he may present for this is but as in Institution and Induction without a Presentation Roll's Cases 2 part f. 350. in fine 351. 353 S. 6 T. 1. 354 V. 3. 5. Co. Rep. 6 Lib. f. 29 b. 25 Eliz. 3. 47 Dyer f. 292. a. pl. 70. 330 b. Vaugh. Rep. f. 14. Roll's Rep. 1 part f. 236. F. N. B. 34 C. 271 D. Co. Lit. f. 344 b. vide M. 15 16 Eliz. Waller and Scott's Case And Rep. 1 part f. 38 pl. 99. If the King 's Presentee dye before Induction he may present again It is said in Co. 9 Rep. and admitted in Dyer 360. that if the Presentee of the King dye after Institution and before Induction yet in this Case the King may present again because he had not the effect of his Presentation Co. Rep. 9 Lib. f. 132. and Dyer f. 360. b. pl. 7 vide Roll's Cases 2 part f. 353 T. 3354 V. 4 Tr. 32 Eliz. C. B. Wright and the Bishop of Norwich Case Leon. Rep. 1 part f. 156 pl. 218. If the King present to a Benefice What is a Revocation of the King's Presentation and dye before his Clerk is Admitted and Instituted the Presentation is revoked in Law by his Death and if the King first present one Man and then another without any Revocation of the first or mention made of it yet this is a Revocation in Law of the first Presentation if the second be not obtained by fraud in deceit of the King pending a Quare Impedit M. 8 Jac. in Sccar inter Calvert and Kitchin Roll's Cases 2
for the avoidance being before the said grant it cannot be said to be prima proxima post donum concess praedictt c. P. 2 3. P. M. Agard and the Bishop of Peterborough and Denton's Case Dyer f. 129. b. vide P. 11 Eliz. Dyer f. 283. a. 28 H. 8. 26. b. It is good cause of refusal of a Presentee Simony good cause of deprivation for that he is Simoniacus in the same Presentment to wit hath made a corrupt contract to be presented or that he is Simoniacus to another Benefice besides this he is presented to also if a Parson doe or suffer Dilapidations he is deprivable Bishop of Salisbury's Case 12 Jac. B. R. Godb. Rep. pa. 259 pl. 357 Tr. 16 Jac. Boughton and the Bishop of Rochester's Case Roll's Cases 2 part f. 356. Where the Ordinary shall be no disturber If the Ordinary Admit and Institute the Presentee of the Chancellor and command the Archdeacon to Induct him and afterwards before Induction the King sends an Inhibition reciting that the Church is above the value of forty pounds per. ann and so belongs not to the Chancellor to present and commands the Ordinary to receive A. B. his Clerk whom he presents in this Case if the Ordinary dâ— not command the Archdeacon not tâ— proceed in the Induction but suffer the same to be done a Month afterwards yet he shall not be adjudged disturber for there is no default in him but if the Inhibition had come to thâ— Ordinary before the Warrant made tâ— the Archdeacon if he had made â— Warrant afterwards by which he haâ— been Inducted then he should be a dâ—sturber 38 E. 3. 3 4. Roll's Case 2 part f. 356 A. 1 2. If the Archbishop Visit his Inferior Bishop and Inhibits him during the The Ordinarie's power suspended during Inhibition Visitation to execute any Jurisdiction if the Bishop have Title to Collate to a Benefice within his Diocess by Lapse yet he cannot during the Inhibition Institute his Clerk but must present him to the Archbishop and he shall Institute him because during the Inhibition his power of Jurisdiction is suspended Tr. 11 Car. 1. B. R. Rot. 446. Dodson and Lin's Case Cro. Car. f. 471. Roll's Cases 2 part f. 357 C. 1. 367. Z. 1. After Institution a Presentee may resign where a common Person is Patron but not where the King is Patron And note where a Parson is only Admitted and Instituted although as concerning the Spiritual Function he be a Parson before Induction yet because no part of the free-hold of the Spiritual Benefice is transferred to him but by the Induction he cannot therefore until after Induction if the King be Patron make any good and effectual Resignation vide plo Com. 526. 21 E. 3. 5. a. but if a Subject be Patron and his Presentee be admitted such Presentee if he be willing to leave his charge may before Induction resign the Church for the Spiritual Dignity was full of an Incumbent in respect of his Patron and because also there is no other means to clear the Church of him but by such Renunciation Doderidge pa 80 81. Resignation to whom to be made The Word Resignare is not the proper Word in Law for a Resignation but Renunciare cedere demittere are the usual Words of Resignation M. 12 13 Eliz. Dyer f. 292. a. Doder pa. 79. and note that a Resignation ought to be made to the immediate Ordinary and not to the mediate Ordinary Roll's Cases 2 part f. 358 E. 1. F. 1. but the Incumbent of a Donative may resign to his Patron because it is of the Patron 's Foundation and of his Visitation and Correction and the Ordinary hath nothing to doe with him P. 3 Jac. Fairchild and Garie's Case M. Rep. f. 765 pl. 1062. vide Doder pa. 81. The King shall present where an Incumbent is made Bishop If the Incumbent be made a Bishop the Church is void and the King shall present to it by his Prerogative and so it is of a Prebendary and it the Incumbent be created Bishop of the same Diocess where he was Incumbent the Church is void for he cannot be Sovereign and Subject and so it is if he be made Bishop of another Diocess or a Bishop in Ireland but note the Church is not void till Consecration and in Case where the King grants a Licence to the Bishop to hold his Living in Commendam with the Bishoprick if the Bishop afterwards dye or surrender that same Living then the Patron and not the King shall present to it vide 7 H. 4. 25. b. 11 H. 4. 37. b. 24 E. 3. 26. b. Davis Rep. f. 69. a. and see M. 42 Eliz. C. B. Sir Robert Basset and Gee's Case Cro. Eliz. f. 790 pl. 31 Tr. 3 Car. I. B. R. Evan's and Ascough's Case Jone's Rep. f. 58. Noye's Rep. f. 93. Latche's Rep. f. 32. 234. 19 E. Tryal 57. 5 E. 3. 9. 11 E. 3. 1. Vaugh. Rep. f. 22. Wynch Rep. f. 98 99. Woody and Bishop of Exeter Cro. Jac. 691. Where Lapse shall incur without notice and where not Before the stat 21 H. 8. cap. 13. if one had a Benefice with cure and did accept another Benefice with cure the first became void but this avoidance was not by the Common Law but by the Constitution of the Pope of which avoidance the Patron might take notice if he pleased and might present without any deprivation but because the avoidance did accrew by the Ecclesiastical Law no Lapse did incur without notice as it is upon deprivation or Resignation and yet the Patron may present and take notice of it if he please and according to this diversity it is adjudged H. 24 E. 3. f. 33. in the King and the Bishop of Worcester's Case and with this agree the Books in the 9 E. 3. 22. a. 10 E. 3. 1. 14 H. 7. 28. b. 14 H. 8. 17. a F. N. B. 34 L. as my Lord Cook reports in his 4 Lib. in Holland's Case and where it is said in the 5 E. 3. 9. 11 H. 4. 37. that the Church is not void without deprivation this is to be interpreted that it shall not be void to the Patron 's disadvantage but for his advantage it shall as it is shewed before and so all the Books are reconciled So it appears that the stat 21 H. 8. is but in affirmance of the Law aforesaid but noâ— because it is affirmed by Act of Parliament if the first Benefice be of thâ— value of eight Pounds per ann the Patron at his Peril to prevent a Lapse ought to present to it because to aâ— avoidance by Act of Parliament eveâ— one is party and ought to take noticâ— at his Peril but it is otherwise if thâ— Church be not of the yearly value oâ— eight pounds for then it is void meerly by the Ecclesiastical Law of which the Patron is not
327. a. pl. 4. Not Reading the Artiâ—les c. makes the Living â—oiâ— Note this Case following one Higden was lawfully Presented Admitted Instituted and Inducted into the Rectory of Wringlington in Somerset shire being a Benefice with Cure of Souls of Fifty pounds Per annum and in the King's Books but of Five pounds Per annum and afterwards he was lawfully Presented Admitted Instituted and Inducted into the Rectory of Elme in the same County of Forty pounds Per annum and but Ten pounds in the King's Books and Subscribed the Articles of Religion according to the Act 13 Eliz. Cap. 12. and was lawfully Incumbent of the said Rectory of Elme but after did not read the Articles of Religion within two Months after his Induction to the Church of Elme according to the Act 13 Eliz. And in this Case it was Adjudged that Higden had lost both his Livings for as to the first Living if a Man have a Benefice with Cure of Souls whatsoever the value be and is Admitted and Instituted into another Benefice with Cure of what value soever having no Qualification or Dispensation the first Benefice is so ipso facto void that the Patron may present another to it if he please but if the Patron do not or will not present to it then no Lapse shall Incur if the Living be under value until deprivation of the Incumbent and notice thereof given to the Patron but if the Living be of the value of Eight pounds or above the Patron at his Peril is to present within Six Months by the Statute 21 H. 8. and as to the Second Living by his not reading the Articles he stands deprived ipso facto and so both are lost H. 22 23. Car. 2. C. B. Shute and Higden's Case Vaugh. Rep. f. 129. Note that a Dispensation granted by A Dispensation good though not Inroâ—â—ed the Arch-bishop of Canterbury to one who is Created Bishop to hold a Benefice in Commendam although it be not Inrolled in Chancery according to the Statute 25 H. 8. but is only entered in the Register of the Arch-bishop yet it is good enough and so it was Adjudged M. 6. 7. Eliz. C. B. in the Case of John Parkhurst Bishop of Norwich Dyer f. 233. a. Doder pa. 94. A Dâ—spensation after Consecration is too late But such Dispensation must be before Consecration or else it comes too late yet the King ex summa Authoritate Ecclesiastica qua fungitur may Grant to the Bishop that is Consecrated power to take and Retain by Presentation Institution and Induction any Spiritual Benefice and to hold the same in Commendam notwithstanding his Estate of being Bishop for so the Pope used to do and the same Authority is acknowledged by the Statute 25 H. 8. to be in the King of this Realm which was within this Realm by the Pope Doder pa. 95. By the Statute 13 Eliz. None shall Who qualified for a Living of Thirty pounds c. be admitted to any Benefice with Cure of or above the value of Thirty pounds yearly in the Queens Books unless he be a Batchellor in Divinity or a Preacher lawfully Licensed by some Bishop within this Realm or by one of the Universities of Cambridge or Oxford 13 Eliz. cap. 13. Acceptance of Three Benefices the first only void If a Parson have a Benefice of above the yearly value of Eight pounds and afterwards he takes another Benefice with a Dispensation and after this he takes a Third Benefice his first Benefice is only void Adjudged per Curiam M. 5. Jac. C. B. Godb. Rep. pa. 153. pl. 201. but it said by Heron in Noye's Rep. that both the first and second shall be void vide the King and the Bishop of Chichester's Case Noye's Rep. f. 149. A Suffragan Bishop capable of plurality By the Statute 26 H. 8. every Bishop's Suffragan exercising the Office by the Bishop's Commission for the better maintenance of his Dignity may have two Benefices with Cure 26 H. 8. cap. 14. and note that the Eight pounds value of a Church shall be according to the valuation in the King's Books and not according to the Improved and just value 8. Car. 1. C. B. Drake and Hill's Case Cro. Car. f. 456. there cited to have been so Adjudged Note by the Statute 21 H. 8. It is The penalty of Non-residence enacted that every Spiritual Person promoted to any Arch-deaconry Deanry or Dignity in any Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall be Personally Resident and abiding in at and upon his said Dignity Prebend or Benefice or at one of them at the least and in Case that any such Spiritual Person keep not Residence at one of his said Spiritual Dignities Prebend or Benefices as aforesaid but absent himself willfully by the space of one Month together or by the space of two Months to be accounted at several times in any one year and make his Residence and Abiding in any other places by such times then he shall forfeit for every such default Ten pounds Sterling the one half thereof to the King's Majesty and the other half to the Party that will Sue for the same in any of the King's Courts by Original Writ of Debt Bill Plaint c. 21 H. 8. cap. 13. But it is provided that this Act of Who excuseable for Non-residence Non-residence shall not in any wise extend nor be prejudicial to any such Spiritual Person as shall chance to be in the King's Service beyond the Seas nor to any Person or Persons going to any Pilgrimage or Holy place beyond the Sea during the time that they shall be so in the King's Service or in the Pilgrimage going and returning home nor to any Schollar or Schollars being Conversant and abiding for Study without Fraud or Covin at any University within this Realm or without nor to any of the Chaplains of the King 's or Queen's daily or quarterly attending and abiding in the King 's or Queen's most Honourable Households nor to any of the Chaplains of the Prince or Princess or any the King 's or Queen's Children Brethren or Sisters nor to any Chaplain of any Arch-bishop or Bishops or of any Spiritual or Temporal Lords of the Parliament nor to any Chaplain of any Dutchess Marquess Countess Vicecountess or Baroness nor to any Chaplain of the Lord Chancellour or Treasurer of England the King's Chamberlain or Steward of his Household for the time being nor to any Chaplain of any of the Knights of the honourable Order of the Garter or of the Chief Justice of the King's Bench Warden of the Cinque Ports or of the Master of the Rolls nor to any Chaplain of the King's Secretary and Dean of the Chapel or Almner for the time being dayly attending and dwelling in any of their Honourable House-holds during the time that any such Chaplain or Chaplains shall abide and dwell
secondly that the People should be fed thirdly that the Parsonage House should be upholden and maintained and if the Statute should be otherwise construed many inconveniences would ensue for Parsons would purchase other Houses within their Parishes and be alwaies resident upon them and suffer their Parsonage Houses to decay and sterilitate their Glebe Land and meliorate their own Possessions in prejudice of their Successors and where the Statute saith he shall be resident upon his Benefice it shall be intended where there can be residence for he cannot be resident upon the Tythes nor upon the Glebe Land where there is not any House but only his Habitation is within his Parsonage House but Justice Clynch and Fenner held the contrary and said if he be resident within his Benefice which extends to the whole Parish it is sufficient but if he be resident upon any other House adjoyning upon his Parish but not within his Parish although every Sunday and Holyday he serve the cure yet it is not sufficient and they said that the intent of the Statute is that he should pascere gregem cibo exemplo verbo all which he may doe when he is resident in any part of the Parish and where it is said in at and upon his Benefice it is clear that all the Parish is his Benefice so he is resident in his Benefice but peradventure he is not resident upon his Benefice unless he Inhabits within the Parsonage House but there are Divers Parsonages which have no Parsonage House for it may be aliened by the former Parson with the consent of the Patron and Ordinary or let out so as his successor cannot have it and therefore his residence may be in any other House within the Parish and it is sufficient and upon this difference of the Justices in their Opinions Crook reports the Case to be adjorned and so does Moore and Gouldesborough but my Lord Cook reporting the same Case saith it was resolved by the Court that the Parson ought to reside in the Parsonage House and not in any other House within the Parish M. 39 40 Eliz. B. R. Goodale and Butler's Case Cro. Eliz. f. 590. pl. 28 M. Rep. f. 540. pl. 712. Gouldes Rep. pa. 169. pl. 100. Co. Rep. 6 Lib. f. 21. b. the same Case but there said to be P. 40 Eliz. and see P. 9 Jac B. R. Shepheard and Twoulsie's Case Boulstr Rep. 1 part f. 111. What residence and what not Another Information was also brought upon the stat 21 H. 8. for non residence and it was found by speciall Verdict that Doctor Newman was Incumbent invested in the Rectory of Staplehirst in the County of Kent and that he was also seized of an House in Staplehirst aforesaid Situate within twenty Yards of the said Rectory and that the Mansion House of the said Rectory was in good repair and that Doctor Newman held that in his hands and occupation with his own proper goods and did not let it to any other and that he Inhabited in the said Messuage and not in the Parsonage and whether this were non residence or no was the Question and it was argued by the Plaintiff's Council that it was non residence and it is there said that the Statute was made for seven causes two of which are for Hospitality and relief of the Poor and these are to be done in the Parsonage House for this is the free Alms of the Church and so it was adjudged B. R. 24 Eliz. in Broom and Hudson's Case the Defendant's Council argued to the contrary but the Case was compounded by the Lord Cook and so no judgment in it but he intended this was no residence within the Statute as the Book saith H. 8 Jac. C. B. Canning and Doctor Newman's Case Brownl Rep. 2 part f. 54. What a Dignity to excuse non residence Upon another Information for non residence the Defendant pleaded that he was chosen Gospeller in the Church of S. Pauls London and was resident there by reason of that Dignity and it was thereupon demurred and it was said by the Plaintiff's Council that this was not any Dignity to excuse the Defendant the Civilians divide spiritual Functions into three degrees first a Function which hath a Jurisdiction as a Bishop Dean c. secondly a Spiritual Administration with a cure as Parson of a Church c. thirdly they who neither have cure nor Jurisdiction as Prebends Chaplains c. and defined a Dignity to be Administratio Ecclesiastica cum Jurisdictione vel potestate conjuncta and thereby they exclude the two last degrees from being any Dignity à multo fortiori the Common Law doth so and to that purpose vide 27 H. 6. 5. 25 E. 3. 41. Br. Nosme 25. that an Archdeacon is not a Name of Dignity 17 E. 3. 31. A Provost is not a Name of Dignity 11 H. 4. 40. A Parson is not a Name of Dignity 14 H. 6. 14. A Presentor is not a Name of Dignity 27 H. 6. 3. A Chaplain is not a Name of Dignity 27 H. 8. 10. is if a Vicar of S. Pauls hath a Benefice with cure he ought to be resident upon it and that is a greater Dignity than Gospeller and of that Opinion were Popham and Clinch Caeteris Justiciariis absentibus but the cause was adjorned and afterwards the Defendant compounded P. 41 Eliz. B. R. Boughton and Gonsley's Case Cro. Eliz. f. 663 pl. 13. Information for non residence where to be brought An Information was brought upon the Statute for non residence before the Justices of Assize in the County of Essex and it was resolved it did not lye but only in the King's Courts where there may be Essoyn Gager del Ley or Protection M. 4 Car. 1 B. R. Green and Guye's Case Cro. Car. f. 146. pl. 26. Note if a Baron have three Chaplains Non obstant when necessary and every one of them hath two Benefices apiece and afterwards the Baron dyes yet they shall enjoy their Benefices with cure in which they were Lawfully setled before but though they continue and abide upon one of the Benefices yet they may be punished for non residence upon the other and so it was adjudged in Parson Boyton's Case as the Lord Cook reports therefore saith he such Minister ought to obtain of the King a non obstante so if the Baron dye be attainted of Treason or Felony or if any Officer be removed from his Office who is Capacitated to retain a Chaplain sic de similibus Co. Rep. 4 Lib. f. 119. a. Non residence excusable when It hath been agreed that Lawfull Imprisonment without fraud is a good excuse of non residence so if there be no Parsonage House for impotentia excusat legem and these Cases are excepted out of the Act by Construction of the Law and it was also held in the Exchequer Tr. 19 Eliz. that sickness without fraud is also a good excuse to wit