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

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for not presenting oftner then twice a yeere The olde Churchwardens to make their presentments before the new be sworne Conuenient time to bee assigned for framing Presentments None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina None to be cited into seueral Courts for one crime No sentence of Depriuation or Deposition to bee pronounced against a Minister but by the Bishop No Acte to be sped but in open Court No Court to haue more then one Seale Conuenient places to bee chosen for the keeping of Courts Peculier and inferior Courts to exhibite the originall copies of Wills into the Bishops Registry ¶ Iudges of Ecclesiasticall Courts THe Qualitie and oath of Iudges The Qualitie of Surrogats ¶ Proctors PRoctors not to retaine Causes without the lawfull assignement of the parties Proctors not to retaine Causes without the counsell of an Aduocate Proctors not to conclude in any Cause without the knowledge of an Aduocate Proctors prohibited the oath In animam Domini sui Proctors not to be clamorous in Court ¶ Registers A Buses to be reformed in Registers A certaine rate of Fees due to all Ecclesiasticall Officers A Table of the rates of Fees to be set vp in Courts and Registries The whole Fees for shewing Letters of Orders and other Licences due but once in euery Bishops time ¶ Apparitors THE number of Apparitors restrained ¶ Authoritie of Synods A Nationall Synode the Church representatiue Synods conclude aswell the absent as the present Deprauers of the Synode censured IAMES by the grace of God King of England Scotland France and Ireland defender of the faith c. To all to whom these presents shall come Greeting Whereas our Bishops Deanes of our Cathedrall Churches Archdeacons Chapters and Colleges the other Cleargie of euery Diocesse within the Prouince of Canterbury being summoned called by vertue of our Writ directed to the most reuerend father in God IOHN late Archbishop of Canterbury and bearing date the 31. day of Ianuary in the first yeere of our Raigne of England France and Ireland and of Scotland the 37. to haue appeared before him in our Cathedrall Church of Saint Paul in London the 20. day of March then next ensuing or elsewhere as he should haue thought it most conuenient to treat consent and conclude vpon certaine difficult and vrgent affaires mentioned in the said Writte Did thereupon at the time appointed and within the Cathedrall Church of Saint Paul aforesaid assemble themselues and appeare in Conuocation for that purpose according to our said Writte before the Right reuerend Father in God Richard Bishop of London duely vpon a second Writte of Ours dated the 9. day of March aforesaid authorized appointed and constituted by reason of the saide Archbishop of Canterbury his death President of the said Conuocation to execute those things which by vertue of our first Writ did appertaine to him the said Archbishop to haue executed if he had liued Wee for diuers vrgent and weighty causes and considerations vs thereunto especially mouing of our especial grace certaine knowledge and meere motion did by vertue of our Prerogatiue royal and supreme Authoritie in causes Ecclesiastical giue and grant by our seuerall Letters Patents vnder our great Seale of England the one dated the 12. day of April last past and the other the 25. day of Iune then next following full free and lawfull libertie licence power and Authoritie vnto the said Bishop of London President of the said Conuocation and to the other Bishops Deanes Archdeacons Chapters and Colleges and the rest of the Cleargie before mentioned of the said Prouince That they from time to time during our first Parliament now prorogued might conferre treate debate consider consult and agree of and vpon such Canons Orders Ordinances and Constitutions as they should thinke necessary fit conuenient for the honour and seruice of Almighty God the good and quiet of the Church and the better gouernement thereof to be from time to time obserued perfourmed fulfilled and kept aswel by the Archbishops of Canterbury the Bishops their Successours and the rest of the whole Clergie of the sayd Prouince of Canterbury in their several Callings Offices Functions Ministeries Degrees and administrations as also by all and euery Deane of the Arches and other Iudge of the sayd Archbishops Courts Gardians of Spiritualties Chancellors Deanes and Chapters Archdeacons Commissaries Officials Registers and all and euery other Ecclesiasticall Officers and their inferiour Ministers whatsoeuer of the same Prouince of Canterburie in their and euery of their distinct Courts and in the order and maner of their and euery of their proceedings and by all other persons mthin this Realme as farre as lawfully being members of the Church it may concerne them as in our sayd Letters Patents amongst other clauses more at large doth appeare Forasmuch as the sayd Bishop of London President of the sayd Conuocation and others the sayd Bishops Deanes Archdeacons Chapters and Colledges with the rest of the Clergie hauing met together at the time and place before mentioned and then and there by vertue of our said authority granted vnto them treated of concluded and agreed vpon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed vnto them and haue thereupon offred and presented the same vnto Vs most humbly desiring Vs to giue our Royal assent vnto their sayd Canons Orders Ordinances and Constitutions according to the forme of a certaine Statute or Acte of Parliament made in that behalfe in the xxv yeere of the Reigne of King Henry the eight and by our sayd Prerogatiue Royall and supreme Authority in causes Ecclesiasticall to ratifie by our Letters Patents vnder our great Seale of England and to confirme the same the title and tenour of them being word for word as ensueth Constitutions and Canons Ecclesiasticall treated vpon by the Bishop of London President of the Conuocation for the Prouince of Canterbury and the rest of the Bishops and Cleargie of the said Prouince and agreed vpon with the Kings Maiesties licence in their Synode begun at London An. Dom. 1603 And in the yeere of the raigne of our Soueraigne Lord Iames by the grace of God King of England France and Ireland the first and of Scotland the 37. ❧ Of the Church of England I. The Kings supremacie ouer the Church of England in causes Ecclesiasticall to be maintained AS our duety to the Kings most Excellent Maiestie requireth wee first decree and ordaine That the Archbishop of Canterbury from time to time all Bishops of this prouince all Deanes Archdeacons Parsons Vicars and all other Ecclesiasticall persons shall faithfully keepe and obserue and as much as in them lieth shall cause to bee obserued and kept of others all and singuler Lawes and statutes made for restoring to the Crowne of this kingdome the ancient Iurisdiction ouer the state Ecclesiastical and abolishing of all forren power-repugnant to the same Furthermore al Ecclesiastical
nor any Register of any Ecclesiasticall Courts nor any Minister belonging to any of the said Officers or Courts shal hereafter for any cause incident to their seueral Offices take or receiue any other or greater Fees then such as were certified to the most Reuerend Father in God Iohn late Archbishop of Canterburie in the yeere of our Lord God one thousand fiue hundred ninetie and seuen and were by him ratified and approued vnder paine that euery such Iudge Officer or Minister offending herein shall be suspended from the exercise of their seuerall Offices for the space of sixe moneths for euery such offence Alwayes prouided that if any question shall arise concerning the certaintie of the said Fees or any of them then those Fees shall be held for lawfull which the Archbishop of Canterburie for the time being shall vnder his hand approoue except the Statutes of this Realme before made doe in any particular case expresse some other Fees to be due Prouided furthermore that no Fee or money shall bee receiued either by the Archbishop or any Bishop or Suffragan either directly or indirectly for admitting of any into sacred Orders nor that any other person or persons vnder the said Archbishop Bishop or Suffragan shall for Parchment Writing Waxe Sealing or any other respect thereunto appertaining take aboue ten shillings vnder such paines as are already by Law prescribed CXXXVI A Table of the Rates of Fees to bee set vp in Courts and Registries WE do likewise constitute and appoint that the Registers belonging to euery such Ecclesiasticall Iudge shall place two Tables containing the seuerall Rates and Summes of all the said Fees one in the vsuall place or Consistorie where the Court is kept and the other in his Registrie both of them in such sort as euery man whom it concerneth may without difficultie come to the view and perusall thereof and take a Copie of them the same Tables to be so set vp before the Feast of the Natiuitie next ensuing And if any Register shall faile to place the said Tables according to the tenor hereof he shal be suspended from the execution of his Office vntil he cause the same to be accordingly done and the said Tables being once set vp if hee shall at any time remooue or suffer the same to be remooued hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for euery such offence be suspended from the exercise of his Office for the space of sixe moneths CXXXVII The whole Fees for shewing letters of Orders and other Licenses due but once in euery Bishops time FOrasmuch as a chiefe and principall cause and vse of Visitation is that the Bishop Archdeacon or other assigned to Visite may get some good knowledge of the State Sufficiencie and Abilitie of the Cleargie and other persons whom they are to Visite Wee thinke it conuenient that euery Parson Vicar Curate Schoolemaster or other person licenced whosoeuer doe at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibite vnto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoeuer to bee by the said Bishop either allowed or if there be iust cause disallowed and reiected and being by him approued to be as the Custome is signed by the Register and that the whole Fees accustomed to bee payed in the Visitations in respect of the premisses bee payed onely once in the whole time of euery Bishop and afterwards but halfe of the saide accustomed Fees in euery other Visitation during the said Bishops continuance ¶ Apparitors CXXXVIII The number of Apparitors restrained FOrasmuch as wee are desirous to redresse such abuses and aggrieuances as are saide to grow by Sumners or Apparitors Wee thinke it meete that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordaine that no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or haue more Apparitors to serue in their Iurisdictions respectiuely then either they or their predecessors were accustomed to haue thirtie yeeres before the publishing of these our present Constitutions All which Apparitors shall by themselues faithfully execute their Offices neither shall they by any colour or pretence whatsoeuer cause or suffer their Mandats to be executed by any Messengers or Substitutes vnlesse it bee vpon some good cause to be first knowen and approued by the Ordinarie of the place Moreouer they shall not take vpon them the office of Promoters or Informers for the Court neither shall they exact more or greater Fees then are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the foresaid limitation or any of the saide Apparitors shall offend in any of the premisses the persons deputing them if they be Bishops shall vpon admonition of their superiour discharge the persons exceeding the number so limitted if inferiour Ordinaries they shall be suspended from the execution of their Office vntill they haue dismissed the Apparitors by them so deputed the parties themselues so deputed shall for euer be remooued from the Office of Apparitors and if being so remoued they desist not from the exercise of their said Offices let them be punished by Ecclesiasticall censures as persons contumacious Prouided that if vpon experience the number of the said Apparitors be too great in any Diocesse in the iudgement of the Archbishop of Canterbury for the time being they shall by him be so abridged as hee shall thinke meete and conuenient ¶ Authoritie of Synodes CXXXIX A Nationall Synode the Church representatiue WHosoeuer shall hereafter affirme that the Sacred Synode of this Nation in the Name of CHRIST and by the Kings Authoritie assembled is not the true Church of ENGLAND by representation let him be Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXL Synodes conclude as well the absent as the present WHosoeuer shall affirme that no maner of person either of the Clergie or Laitie not being themselues particularly assembled in the said sacred Synode are to be subiect to the Decrees thereof in causes Ecclesiasticall made and ratified by the Kings Maiesties supreme Authoritie as not hauing giuen their voices vnto them let him bee Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXLI Deprauers of the Synode censured WHosoeuer shall hereafter affirme That the sacred Synode assembled as aforesaid was a company of such persons as did conspire together against godly and Religious professors of the Gospel and that therefore both they and their proceedings in making of Canons and Constitutions in causes Ecclesiasticall by the Kings authoritie as aforesaid ought to be despised and contemned the same being ratified confirmed and enioyned by the said Regall Power Supremacie and Authoritie let them be Excommunicated and not restored vntill they repent and publikely reuoke that wicked error WE of our princely inclination and Royall care for the maintenance of the present Estate and Gouernement of the Church of ENGLAND by the Lawes of this our Realme now setled and established hauing diligently with great contentment and comfort read and considered of all these their sayd Canons Orders Ordinances and Constitutions agreed vpon as is before expressed and finding the same such as Wee are perswaded will bee very profitable not onely to our Clergie but to the whole Church of this our kingdome and to all the true members of it if they be well obserued Haue therefore for Vs our Heires and lawfull Successours of our especiall Grace certaine Knowledge and meere Motion giuen and by these presents doe giue our Royall assent according to the forme of the sayd Statute or Acte of Parliament aforesayd to all and euery of the said Canons Orders Ordinances and Constitutions and to all and euery thing in them contained as they are before written And furthermore Wee doe not onely by our sayd Prerogatiue Royall and supreme Authoritie in causes Ecclesiasticall ratifie confirme and establish by these our Letters Patents the sayd Canons Orders Ordinances and Constitutions and all and euery thing in them contayned as is aforesayd but doe likewise propound publish and straightly enioyne and command by our sayd Authority and by these our Letters Patents the same to bee diligently obserued executed and equally kept by all our louing Subiects of this our kingdome both within the Prouince of CANTERBVRIE and YORKE in all points wherein they doe or may concerne euery or any of them according to this our will and pleasure hereby signified and expressed and 〈◊〉 likewise for the better obseruation of them euery Minister by what name or title soeuer he be called shall in the Parish Church or Chappell where he hath charge reade all the sayd Canons Orders Ordinances and Constitutions once euery yere vpon some Sundayes or Holy dayes in the afternoone before Diuine Seruice diuiding the same in such sort as that the one halfe may bee read one day and the other another day the Booke of the sayd Canons to be prouided at the charge of the Parish betwixt this and the Feast of the Natiuity of our Lord God next ensuing Straightly charging and commaunding all Archbishops Bishops and all other that exercise any Ecclesiasticall Jurisdiction within this Realme euery man in his place to see and procure so much as in them lieth all and euery of the same Canons Orders Ordinances and Constitutions to be in all poynts duely obserued not sparing to execute the ●ena 〈…〉 them seuerally mentioned vpon 〈…〉 that shal wittingly or wilfully breake or neglect to obserue the same as they tender the honour of God the peace of the Church the tranquilitie of the Kingdome and their dueties and seruice to Vs their King and Souereigne In witnesse c. ¶ Imprinted at London by ROBERT BARKER Printer to the Kings most Excellent Maiestie ANNO DOM. 1604.