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
Proxie thereunto warranted and enabled Wee call that Proxie sufficient which is strengthened and confirmed by some authenticall Seale the parties approbation or at least his ratification therewithall concurring All which Proxies shall be forthwith by the sayd Proctors exhibited into the Court and be safely kept and preserued by the Register in the publike Registrie of the saide Court. And if any Register or Proctor shall offend herein he shall bee secluded from the exercise of his Office for the space of two moneths without hope of release or restoring CXXX Proctors not to retaine Causes without the counsell of an Aduocate FOr lessening and abridging the multitude of Suits and contentions as also for preuenting the complaints of Suiters in Courts Ecclesiasticall who many times are ouerthrowen by the ouersight and negligence or by the ignorance and insufficiencie of Proctors and likewise for the furtherance and increase of learning and the aduancement of Ciuil and Canon Law following the laudable customes heretofore obserued in the Courts pertaining to the Archbishop of Canterbury Wee will and ordaine that no Proctor exercising in any of them shall intertaine any Cause whatsoeuer and keepe and retaine the same for two Court dayes without the Counsell and aduise of an Aduocate vnder paine of a yeeres suspension from his practise neither shall the Iudge haue power to release or mitigate the said penaltie without expresse Mandate and Authoritie from the Archbishop aforesaid CXXXI Proctors not to conclude in any Cause without the knowledge of an Aduocate NO Iudge in any of the said Courts of the Archbishop shall admit any Libell or any other matter without the aduice of an Aduocate admitted to practise in the same Court or without his subscription neither shall any Proctor conclude any cause depending without the knowledge of the Aduocate retained and feed in the cause which if any Proctor shall doe or procure to bee done or shall by any colour whatsoeuer defraud the Aduocate of his duetie or Fee or shall be negligent in repairing to the Aduocate and requiring his aduice what course is to bee taken in the cause he shal be suspended from all practise for the space of sixe moneths without hope of being thereunto restored before the said terme be fully complete CXXXII Proctors prohibited the oath In animam Domini sui FOrasmuch as in the probate of Testaments and Suits for administration of the goods of persons dying Intestate the oath vsually taken by Proctors of Courts In animam constituentis is found to be inconuenient Wee doe therefore decree ordaine That euery Executor or Suitor for administration shall personally repaire to the Iudge in that behalfe or his Surrogate and in his owne person and not by Proctor take the oath accustomed in these cases But if by reason of sicknesse or age or any other iust let or impediment he be not able to make his personall appearance before the Iudge it shall bee lawfull for the Iudge there being faith first made by a credible person of the trueth of his said hinderance or impediment to grant a Commission to some graue Ecclesiasticall person abiding neere the partie aforesaid whereby hee shall giue power and authoritie to the said Ecclesiasticall person in his stead to minister the accustomed oath aboue mentioned to the Executor or Suitor for such administration requiring his saide Substitute that by a faithfull and trustie messenger hee certifie the sayd Iudge truely and faithfully what he hath done therein Lastly we ordaine and appoint That no Iudge or Register shall in any wise receiue for the Writing Drawing or Sealing of any such Commission aboue the summe of sixe shillings and eight pence whereof one moitie to bee for the Iudge and the other for the Register of the said Court CXXXIII Proctors not to be clamorous in Court FOrasmuch as it is found by experience that the lowd and confused cries and clamours of Proctors in the Courts of the Archbishop are not onely troublesome and offensiue to the Iudges Aduocates but also giue occasion to the standers by of contempt and calumnie toward the Court it selfe that more respect may be had to the dignity of the Iudge then heretofore and that causes may more easily and commodiously bee handled and dispatched We charge and enioyne That all Proctors in the said Courts do especially intend that the Acts be faithfully entred and set downe by the Register according to the aduice and direction of the Aduocate that the said Proctors refraine loude speech and brabling and behaue themselues quietly and modestly and that when either the Iudges or Aduocates or any of them shal happen to speake they presently be silent vpon paine of silencing for two whole Termes then immediatly following euery such offence of theirs And if any of them shall the second time offend herein after due monition shall not reforme himselfe let him be for euer remoued from his practise ⧠Registers CXXXIIII Abuses to be reformed in Registers IF any Register or his Deputie or Substitute whatsoeuer shall receiue any Certificate without the knowledge and consent of the Iudge of the Court or willingly omit to cause any persons cited to appeare vpon any Court day to be called or vnduely put off and deferre the Examination of witnesses to be examined by a day set assigned by the Iudge or doe not obey and obserue the iudiciall and lawfull monition of the said Iudge or omit to write or cause to be written such Citations and Decrees as are to be put in execution and set foorth before the next Court day or shall not cause all Testaments exhibited into his Office to bee Registred within a conuenient time or shall set downe or enact as decreed by the Iudge any thing false or conceited by himselfe and not so ordered or decreed by the Iudge or in the transmission of Processes to the Iudge Ad quem shall adde or insert any falsehood or vntrueth or omit any thing therein either by cunning or by grosse negligence or in causes of Instance or promoted of Office shall receiue any reward in fauour of either partie or be of counsel directly or indirectly with either of the parties in Suite or in the execution of their Office shall doe ought else maliciously or fraudulently whereby the said Ecclesiasticall Iudge or his proceedings may be slandred or defamed We wil and ordaine that the said Register of his Deputie or Substitute offending in all or any of the premisses shall by the Bishop of the Diocesse be suspended from the exercise of his Office for the space of one two or three moneths or more according to the qualitie of his offence and that the sayde Bishop shal assigne some other publike Notarie to execute and discharge all things pertaining to his Office during the time of his sayd Suspension CXXXV A certaine rate of Fees due to all Ecclesiasticall Officers NO Bishop Suffragan Chancellor Commissarie Archdeacon Officiall nor any other exercising Ecclesiasticall Iurisdiction whatsoeuer
that shall graunt any probate of Testament or administration of goods to any party that shall voluntarily desire it both out of the said inferior Court and also out of the Prerogatiue Prouided likewise that if any man die In itinere the goods that he hath about him at that present shall not cause his Testament or Administration to be liable vnto the Prerogatiue Court XCIII The Rate of Bona notabilia liable to the Prerogatiue Court FVrthermore wee decree and ordaine that no Iudge of the Archbishops Prerogatiue shall henceforward Cite or cause to be Cited Ex officio any person whatsoeuer to any of the aforesaid intents vnlesse hee haue knowledge that the partie deceased was at the time of his death possessed of goods and chattels in some other Diocesse or Diocesses or peculiar Iurisdiction within that Prouince then in that wherein hee died amounting to the value of fiue pounds at the least decreeing and declaring that who so hath not goods in diuers Diocesses to the said Summe or value shal not be accounted to haue bona notabilia Alwayes prouided that this clause here and in the former Constitution mentioned shall not preiudice those Diocesses where by composition or custome bona notabilia are rated at a greater summe And if any Iudge of the Prerogatiue Court or any his Surrogate or his Register or Apparitor shall Cite or cause any person to be Cited into his Court contrary to the tenor of the premisses he shall restore to the party so Cited all his costs and charges and the actes and proceedings in that behalfe shall bee held voide and frustrate Which expences if the said Iudge or Register or Apparitor shal refuse accordingly to pay he shal be suspended from the exercise of his Office vntill he yeeld to the performance thereof XCIIII None to be Cited into the Arches or Audience but dwellers within the Archbishops Diocesse or Peculiars NO Deane of the Arches nor Officiall of the Archbishops Consistory nor any Iudge of the Audience shall henceforward in his own name or in the name of the Archbishop either ex Officio or at the instance of any party originally Cite Summon or any way compell or procure to be Cited Summoned or compelled any person which dwelleth not within the particular Diocesse or Peculiar of the said Archbishop to appeare before him or any of them for any cause or matter whatsoeuer belonging to Ecclesiastical cognizance without the Licence of the Diocesan first had and obtained in that behalfe other then in such particular cases onely as are expresly excepted and reserued in and by a Statute Anno 23. H. 8. cap. 9. And if any of the said Iudges shall offend herein he shall for euery such offence be suspended from the exercise of his office for the space of three whole moneths XCV The restraint of double Quarrels ALbeit by former Constitutions of the Church of England euery Bishop hath had two moneths space to inquire and informe himselfe of the sufficiencie and qualities of euery Minister after he hath bene presented vnto him to bee instituted into any Benefice yet for the auoiding of some inconueniences wee doe now abridge and reduce the said two moneths vnto eight twenty dayes onely In respect of which abridgement wee doe ordaine appoint that no double Quarrell shal hereafter be granted out of any of the Archbishops Courts at the suite of any Minister whosoeuer except hee shall first take his personall oath that the said eight and twentie dayes at the least are expired after he first tendered his presentation to the Bishop and that he refused to grant him Institution thereupon or shall enter bonds with sufficient sureties to prooue the same to be true vnder paine of suspension of the Granter thereof from the execution of his Office for halfe a yeere toties quoties to be denounced by the said Archbishop and Nullitie of the double Quarrell aforesaid so vnduely procured to all intents and purposes whatsoeuer Alwayes prouided that within the said eight and twentie daies the Bishop shall not institute any other to the preiudice of the said partie before presented sub poena nullitatis XCVI Inhibitions not to be granted without the subscription of an Aduocate THat the Iurisdictions of Bishops may be preserued as neere as may be entier and free from preiudice and that for the behoofe of the Subiects of this land better prouison be made that henceforward they be not grieued with friuolous and wrongfull suits and molestations It is ordained and prouided that no Inhibition shall bee graunted out of any Court belonging to the Archbishop of Canterbury at the instance of any partie vnlesse it be subscribed by an Aduocate practising in the said Court which the said Aduocate shal doe freely not taking any Fee for the same except the partie prosecuting the suit doe voluntarily bestow some gratuity vpon him for his counsel and aduice in the said cause The like course shall be vsed in graunting foorth any Inhibition at the instance of any party by the Bishop or his Chancellor against the Archdeacon or any other person exercising Ecclesiasticall Iurisdiction and if in the Court or Consistorie of any Bishop there be no aduocate at all then shall the subscription of a Proctor practising in the same Court be held sufficient XCVII Inhibitions not to be graunted vntill the Appeale be exhibited to the Iudge IT is further ordered decreed that henceforward no Inhibition be granted by occasion of any interlocutory decree or in any cause of correction whatsoeuer except vnder the forme aforesaid and moreouer that before the going out of any such Inhibition the Appeale it selfe or a copie thereof auouched by oath to be iust and true bee exhibited to the Iudge or his lawfull Surrogate whereby hee may be fully informed both of the qualitie of the crime and of the cause of the grieuance before the granting foorth of the said inhibition And euery Appellant or his lawfull Proctor shal before the obteining of any such Inhibition shew and exhibite to the Iudge or his Surrogate in writing a true copy of those Acts wherewith hee complaineth himselfe to be agrieued and from which he appealeth or shal take a corporall oath that hee hath performed his diligence true endeuor for the obteining of the same could not obtein it at the hands of the Register in the Country or his Deputy tendring him his Fee And if any Iudge or Register shall either procure or permit any Inhibition to be sealed so as is said contrary to the forme limitation aboue specified let him be suspended from the execution of his office for the space of three moneths If any Proctor or other person whatsoeuer by his appointment shall offend in any of the premisses either by making or sending out any Inhibition contrary to the tenour of the said premisses let him be remoued from the exercise of his Office for the space of a whole yeere without hope of release or restoring
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 â—ena 〈…〉 them seuerally mentioned vpon 〈…〉 that shal wittingly or wilfully breake or neglect to obserue the same as they tender the honour of God the peace of the Church the tranquilitie of the Kingdome and their dueties and seruice to Vs their King and Souereigne In witnesse c. ¶ Imprinted at London by ROBERT BARKER Printer to the Kings most Excellent Maiestie ANNO DOM. 1604.
persons hauing cure of soules and all other Preachers and Readers of Diuinitie lectures shall to the vttermost of their wit knowledge and learning purely and sincerely without any colour or dissimulation teach manifest open and declare foure times euery yeere at the least in their Sermons and other Collations and lectures That all vsurped and forren power forasmuch as the same hath no establishment nor ground by the law of God is for most iust causes taken away and abolished and that therefore no maner of obedience or subiection within his Maiesties Realmes and Dominions is due vnto any such forren power but that the Kings power within his Realmes of England Scotland and Ireland and all other his Dominions and Countreys is the highest power vnder God to whom all men aswell inhabitants as borne within the same do by Gods Lawes owe most loyalty and obedience afore and aboue all other Powers and Potentates in earth II. Impugners of the Kings supremacie censured WHosoeuer shal hereafter affirme that the Kings Maiesty hath not the same authority in causes Ecclesiastical that the godly Kings had amongst the Iewes and Christian Emperors in the Primitiue Church or impeach in any part his Regall supremacie in the said causes restored to the Crowne and by the Lawes of this Realme therein established let him bee excommunicated ipso facto and not restored but only by the Archbishop after his repentance and publike reuocation of those his wicked errours III. The Church of England a true and Apostolicall Church WHosoeuer shall hereafter affirme that the Church of England by Lawe established vnder the Kings Maiestie is not a true and an Apostolical Church teaching maintaining the doctrine of the Apostles let him be excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of this his wicked errour IIII. Impugners of the publike worship of God established in the Church of England censured WHosoeuer shall herafter affirme that the forme of Gods worship in the Church of England established by Law and conteined in the booke of Common Prayer and administration of Sacraments is a corrupt superstitious or vnlawfull worship of God or containeth any thing in it that is repugnant to the Scriptures let him be excommunicated ipso facto and not restored but by the Bishop of the place or Archbishop after his repentance and publike reuocation of such his wicked errors V. Impugners of the Articles of Religion established in the Church of England censured WHosoeuer shall hereafter affirme that any of the nine and thirtie Articles agreed vpon by the Archbishops and Bishops of both Prouinces and the whole Cleargy in the Conuocation holden at LONDON in the yeere of our Lorde God one thousand fiue hundred sixty two for the auoiding of diuersities of opinions and for the establishing of consent touching true Religion are in any part superstitious or erroneous or such as hee may not with a good conscience subscribe vnto let him bee excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of such his wicked errors VI. Impugners of the Rites and Ceremonies established in the Church of England censured WHosoeuer shal hereafter affirme that the Rites and Ceremonies of the Church of England by Law established are wicked Antichristian or superstitious or such as beeing commanded by lawfull authoritie men who are zealously and godly affected may not with any good conscience approue them vse them or as occasion requireth subscribe vnto them let him bee excommunicated ipso facto and not restored vntill he repent and publikely reuoke such his wicked errours VII Impugners of the gouernment of the Church of England by Archbishops Bishops c. censured WHosoeuer shal hereafter affirme that the gouernement of the Church of England vnder his Maiesty by Archbishops Bishops Deanes Archdeacons and the rest that beare office in the same is Antichristian or repugnant to the word of God let him be excommunicated ipso facto and so continue vntill he repent and publikely reuoke such his wicked errors VIII Impugners of the forme of consecrating and ordering Archbishops Bishops c. in the Church of England censured WHosoeuer shall hereafter affirme or teach that the fourme and maner of making and consecrating Bishops Priests or Deacons conteineth any thing in it that is repugnant to the word of God or that they who are made Bishops Priestes or Deacons in that forme are not lawfully made nor ought to be accounted either by themselues or by others to be truly either Bishops Priests or Deacons vntil they haue some other calling to those diuine Offices let him bee excommunicated ipso facto not to bee restored vntill he repent and publikely reuoke such his wicked errours IX Authours of Schisme in the Church of England censured WHosoeuer shall hereafter separate themselues from the Communion of Saints as it is approoued by the Apostles rules in the Church of England combine themselues together in a new brotherhood accounting the Christians who are conformable to the Doctrine Gouernment Rites and Ceremonies of the Church of England to be prophane and vnmeete for them to ioyne with in Christian profession let them bee excommunicated ipso facto and not restored but by the Archbishop after their repentance and publike reuocation of such their wicked errors X. Maintainers of Schismatickes in the Church of England censured WHosoeuer shall heerafter affirme That such Ministers as refuse to subscribe to the forme and maner of Gods worship in the Church of England prescribed in the Communion Booke and their adherents may truly take vnto them the name of another Church not established by Lawe and dare presume to publish it that this their pretended Church hath of long time groaned vnder the burden of certaine grieuances imposed vpon it and vpon the members thereof before mentioned by the Church of England and the Orders and Constitutions therein by Law established Let them be excommunicated and not restored vntill they repent and publikely reuoke such their wicked errors XI Maintainers of Conuenticles censured WHosoeuer shall hereafter affirme or maintaine That there are within this Realme other meetings assemblies or congregations of the Kings borne Subiects then such as by the lawes of this land are held and allowed which may rightly challenge to themselues the name of true and lawful Churches let him be excommunicated and not restored but by the Archbishop after his repentance and publike reuocation of such his wicked errors XII Maintainers of Constitutions made in Conuenticles censured WHosoeuer shal hereafter affirme that it is lawfull for any sort of Ministers and Lay persons or either of them to ioyne together and make Rules Orders or Constitutions in causes Ecclesiasticall without the Kings authoritie and shall submit themselues to be ruled and gouerned by them let them be excommunicated ipso facto and not be restored vntill they repent and publikely reuoke those their wicked and Anabaptisticall errors
Archdeacon but of the Deane and two Prebendaries at the least or if they shall happen by any lawful cause to be let or hindered in the presence of foure other graue persons being masters of Arts at the least and allowed for publike Preachers XXXII None to bee made Deacon and Minister both in one day THe Office of a Deacon being a step or degree to the Ministery according to the iudgment of the ancient Fathers and the practise of the Primitiue Church We doe ordaine and appoint that hereafter no Bishop shall make any person of what qualities or gifts soeuer a Deacon and a Minister both together vpon one day but that the order in that behalfe prescribed in the Booke of making and consecrating Bishops Priestes and Deacons be strictly obserued Not that alwayes euery Deacon should be kept from the Ministerie for a whole yeere when the Bishop shall find good cause to the contrary but that there being now foure times appointed in euery yeere for the ordination of Deacons and Ministers there may euer be some time of trial of their behauiour in the office of Deacon before they bee admitted to the Order of Priesthood XXXIII The Titles of such as are to be made Ministers IT hath beene long since prouided by many decrees of the ancient Fathers that none should be admitted either Deacon or Priest who had not first some certain place where he might vse his Function According to which examples we doe ordaine that henceforth no person shall be admitted into sacred Orders except he shall at that time exhibite to the Bishop of whome hee desireth Imposition of hands a presentation of himselfe to some Ecclesiasticall preferment then voyd in that Diocesse or shal bring to the said Bishop a true vndoubted Certificate that either he is prouided of some Church within the said Diocesse where he may attend the Cure of soules or of some Ministers place vacant either in the Cathedral Church of that Diocesse or in some other Collegiat Church therein also scituate where he may execute his Ministerie or that he is a Fellow or in right as a Fellow or to bee a Conduct or Chapleine in some Colledge in Cambridge or Oxford or except he be a Master of Arts of fiue yeeres standing that liueth of his owne charge in either of the Vniuersities or except by the Bishop himselfe that doth ordaine him Minister he be shortly after to be admitted either to some Benefice or Curateship then voyd And if any Bishop shall admit any person into the Ministery that hath none of these Titles as is aforesaid then he shal keepe and maintaine him with all things necessary till he doe preferre him to some Ecclesiastical liuing And if the said Bishop shall refuse so to doe hee shall bee suspended by the Archbishop being assisted with another Bishop from giuing of Orders by the space of a yeere XXXIIII The qualitie of such as are to bee made Ministers NO Bishop shall hencefoorth admit any person into sacred Orders which is not of his owne Diocesse except he be either of one of the Vniuersities of this Realme or except hee shall bring letters Dimissory so tearmed from the Bishop of whose Diocesse he is and desiring to be a Deacon is three and twentie yeeres olde and to bee a Priest foure and twenty yeeres complete and hath taken some degree of Schoole in either of the saide Vniuersities or at the least except hee be able to yeeld an accompt of his Faith in Latine according to the Articles of Religion approoued in the Synode of the Bishops and Cleargie of this Realme 1562 and to confirme the same by sufficient testimonies out of the holy Scriptures and except moreouer he shall then exhibite letters Testimoniall of his good life and conuersation vnder the Seale of some College in Cambridge or Oxford where before he remained or of three or foure graue Ministers together with the subscription and testimonie of other credible persons who haue knowen his life and behauiour by the space of three yeeres next before XXXV The examination of such as are to bee made Ministers THe Bishop before hee admit any person to holy Orders shall diligently examine him in the presence of those Ministers that shal assist him at the Imposition of hands And if the said Bishop haue any lawfull impediment he shall cause the said Ministers carefully to examine euery such person so to bee ordered Prouided that they who shall assist the Bishop in examining and laying on of handes shall bee of his Cathedrall Church if they may conueniently bee had or other sufficient Preachers of the same Diocesse to the number of three at the least And if any bishop or Suffragan shal admit any to sacred Orders who is not so qualified examined as before we haue ordeined the Archbishop of this prouince hauing notice thereof being assisted therein by one Bishop shall suspend the said Bishop or Suffragan so offending from making either Deacons or Priests for the space of two yeeres XXXVI Subscription required of such as are to bee made Ministers NO person shall hereafter be receiued into the Ministery nor either by Institution or Collation admitted to any Ecclesiastical liuing nor suffered to Preach to Catechize or to be a Lecturer or Reader of Diuinitie in either Vniuersity or in any Cathedrall or Collegiat Church City or market Towne parish Church Chappel or in any other place within this Realme except hee be licensed either by the Archbishop or by the Bishop of the Diocesse where he is to be placed vnder their handes and seales or by one of the two Vniuersities vnder their seale likewise and except he shall first subscribe to these three Articles following in such maner and sort as wee haue here appointed 1 That the Kings Maiestie vnder God is the onely supreme Gouernour of this Realme and of all other his Highnesse Dominions and Countreys aswell in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forraine Prince person prelate State or potentate hath or ought to haue any Iurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within his Maiesties said Realmes Dominions and Countreys 2 That the Booke of Common prayer and of ordering of Bishops priests and deacons containeth in it nothing contrary to the word of God and that it may lawfully so be vsed and that he himselfe will vse the forme in the said Booke prescribed in publike prayer and administration of the Sacraments and none other 3 That he alloweth the booke of Articles of Religion agreed vpon oy the Archbishops and Bishops of both Prouinces and the whole Cleargie in the Conuocation holden at London in the yeere of our Lord God one thousand fiue hundred sixtie and two and that he acknowledgeth all euery the Articles therein contained being in number nine and thirty besides the ratification to be agreeable to the word of God To these three Articles whosoeuer will subscribe he shal for
moe Benefices with Cure and not beeing Residentaries in the same Cathedrall or Collegiat Churches shall vnder colour of the sayd Prebends absent themselues from their Benefices with Cure aboue the space of one moneth in the yeere vnlesse it be for some vrgent cause and certaine time to be allowed by the Bishop of the Diocesse And such of the said Canons and Prebendaries as by the Ordinances of the sayd Cathedrall or Collegiat Churches do stand bound to be resident in the same shall so among themselues sort and proportion the times of the yeere concerning residence to bee kept in the sayde Churches as that some of them alwayes shall be personally resident there and that all those who be or shall be Residentiaries in any Cathedrall or Collegiat Church shall after the dayes of their Residencie appointed by their locall Statutes or Customes expired presently repaire to their Benefices or some one of them or to some other Charge where the Law requireth their presence there to discharge their dueties according to the Lawes in that case prouided And the Bishop of the Diocesse shall see the same to be duely performed and put in execution XLV Beneficed Preachers beeing resident vpon their liuings to preach euery Sunday EVery Beneficed man allowed to bee a preacher and residing on his Benefice hauing no lawful impediment shall in his owne Cure or in some other Church or Chappell where he may conueniently neere adioyning where no Preacher is preach one Sermon euery Sunday of the yeere wherein hee shall soberly and sincerely diuide the word of trueth to the glory of God and to the best edification of the people XLVI Beneficed men not Preachers to procure monethly Sermons EVery beneficed man not allowed to be a Preacher shall procure Sermons to bee preached in his Cure once in euery moneth at the least by Preachers lawfully licenced if his liuing in the iudgement of the Ordinary will be able to beare it And vpon euery Sunday when there shall not bee a Sermon preached in his Cure hee or his Curate shall reade some one of the Homilies prescribed or to be prescribed by authoritie to the intents aforesaid XLVII Absence of Beneficed men to bee supplied by Curates that are allowed Preachers EVery Beneficed man licensed by the Lawes of this Realme vpon vrgent occasions of other seruice not to reside vpon his Benefice shall cause his Cure to be supplied by a Curate that is a suffiicient and licensed Preacher if the worth of the Benefice wil beare it But whosoeuer hath two Benefices shall maintaine a Preacher licensed in the Benefice where he doeth not reside except he preach himselfe at both of them vsually XLVIII None to be Curates but allowed by the Bishop NO Curat or Minister shall be permited to serue in any place without Examination and Admission of the Bishop of the Diocesse or Ordinary of the place hauing Episcopal Iurisdiction in writing vnder his hand and seale hauing respect to the greatnesse of the Cure and meetenesse of the party And the said Curates and Ministers if they remooue from one Diocesse to another shal not be by any means admitted to serue without testimonie of the Bishop of the Diocesse or Ordinarie of the place as aforesaid whence they came in writing of their honesty ability and conformitie to the Ecclesiasticall lawes of the Church of England Nor any shall serue more then one Church or Chappel vpon one day except that Chappell be a member of the Parish Church or vnited thereunto and vnlesse the sayde Church or Chappell where such a Minister shall serue in two places bee not able in the iudgement of the Bishop or Ordinary as aforesaid to maintaine a Curate XLIX Ministers not allowed Preachers may not expoūd NO person whatsoeuer not examined and approued by the Bishop of the Diocesse or not licensed as is aforesaid for a sufficient or conuenient Preacher shal take vpon him to expound in his owne Cure or elsewhere any Scripture or matter of doctrine but shall onely study to reade plainly and aptly without glozing or adding the Homilies already set foorth or hereafter to be published by lawfull Authoritie for the confirmation of the true Faith and for the good instruction and edification of the people L. Strangers not admitted to Preach without shewing their Licence NEither the Minister Churchwardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by shewing their Licence to preach shal appeare vnto them to be sufficiently authorized thereunto as is aforesaid LI. Strangers not admitted to Preach in Cathedrall Churches without sufficient authoritie THe Dea◅ Presidents Residentiaries of any Cathedrall or Collegiate Church shal suffer no stranger to preach vnto the people in their Churches except they be allowed by the Archbishop of the Prouince or by the Bishop of the same Diocesse or by either of the Vniuersities And if any in his Sermon shal publish any Doctrine either strange or disagreeing from the word of God or from any of the Articles of Religion agreed vpon in the Conuocation house Anno 1562. or from the booke of Cōmon prayers the Deane or the Residents shall by their Letters subscribed with some of their hands that heard him so soone as may be giue notice of the same to the Bishop of the Diocesse that he may determine the matter and take such order therein as he shall thinke conuenient LII The names of strange Preachers to bee noted in a Booke THat the Bishop may vnderstand if occasion so require what Sermons are made in euery Church of his Diocesse and who presume to preach without Licence the Churchwardens Sidemen shall see that the names of al preachers which come to their Church from any other place bee noted in a booke which they shall haue ready for that purpose wherein euery Preacher shall subscribe his name the day when hee preached and the name of the Bishop of whom he had Licence to preach LIII No publike opposition betweene Preachers IF any Preacher shall in the Pulpit particularly or namely of purpose impugne or confute any doctrine deliuered by any other Preacher in the same Church or in any church neere adioyning before he hath acquainted the Bishop of the Diocesse therewith and receiued order from him what to do in that case because vpon such publike dissenting and contradicting there may grow much offence and disquietnesse vnto the people the Church-wardens or party grieued shall forthwith signifie the same to the said Bishop and not suffer the said Preacher any more to occupy that place which he hath once abused except hee faithfully promise to forbeare all such matter of contention in the Church vntill the Bishop hath taken further order therein who shall with all conuenient speed so proceed therein that publike satisfaction may bee made in the Congregation where the offence was giuen Prouided that if either of the parties offending doe appeale hee shall not be
formerly subscribed if vpon admonition by the Ordinary he do not amend and reforme himselfe let him bee suspended from teaching Schoole any longer ¶ Things appertaining to Churches LXXX The great Bible and Booke of Common prayer to be had in euery Church THe Church-wardens or Questmen of euery Church Chappell shall at the charge of the Parish prouide the Booke of Common prayer lately explaned in some few points by his Maiesties authoritie according to the Lawes and his Highnesse prerogatiue in that behalfe and that with all conuenient speed but at the furthest within two moneths after the publishing of these our Constitutions And if any Parishes bee yet vnfurnished of the Bible of the largest volume or of the Bookes of Homilies allowed by Authoritie the said Church-wardens shall within conuenient time prouide the same at the like charge of the Parish LXXXI A Font of stone for Baptisme in euery Church ACcording to a former Constitution too much neglected in many places wee appoint That there shal be a Font of stone in euery Church and Chappell where Baptisme is to be ministred the same to bee set in the ancient vsuall places In which onely Font the Minister shall baptize publikely LXXXII A decent Communion Table in euery Church WHereas we haue no doubt but that in all Churches within the Realme of England conuenient and decent Tables are prouided and placed for the celebration of the holy Communion we appoint that the same Tables shall from time to time bee kept and repaired in sufficient and seemely manner and couered in time of diuine Seruice with a Carpet of Silke or other decent stuffe thought meet by the Ordinarie of the place if any question be made of it and with a faire Linnen cloth at the time of the ministration as becommeth that Table and so stand sauing when the said holy Communion is to bee administred At which time the same shall bee placed in so good sort within the Church or Chancell as thereby the Minister may be more conueniently heard of the Communicants in his prayer and ministration and the Communicants also more conueniently and in more number may communicate with the said Minister and that the ten Commandements be set vpon the East ende of euery Church and Chappell where the people may best see and reade the same and other chosen Sentences written vpon the walles of the said Churches and Chappels in places conuenient and likewise that a conuenient seate bee made for the Minister to reade Seruice in All these to bee done at the charge of the Parish LXXXIII A pulpit to be prouided in euery Church THe Churchwardens or Questmen at the common charge of the Parishioners in euery Church shall prouide a comely and decent Pulpit to bee set in a conuenient place within the same by the discretion of the Ordinarie of the place if any question doe arise and to be there seemely kept for the preaching of Gods word LXXXIIII A Chest for Almes in euery Church THe Churchwardens shall prouide and haue within three moneths after the publishing of these constitutions a strong Chest with a hole in the vpper part thereof to be prouided at the charge of the Parish if there be none such already prouided hauing three keyes Of which one shall remaine in the custody of the Parson Vicar or Curat and the other two in the custody of the Churchwardens for the time beeing which Chest they shall set and fasten in the most conuenient place to the intent the Parishioners may put into it their Almes for their poore neighbours And the Parson Vicar or Curate shall diligently from time to time and especially when men make their Testaments call vpon exhort and mooue their neighbours to conferre and giue as they may well spare to the said Chest declaring vnto them that whereas heretofore they haue bene diligent to bestow much substance otherwise then God commaunded vpon superstitious vses now they ought at this time to be much more ready to helpe the poore and needy knowing that to relieue the poore is a sacrifice which pleaseth God and that also whatsoeuer is giuen for their comfort is giuen to Christ himselfe is so accepted of him that he will mercifully reward the same The which Almes and deuotion of the people the Keepers of the keyes shall yeerely quarterly or oftner as need requireth take out of the Chest and distribute the same in the presence of most of the Parish or sixe of the chiefe of them to bee truely and faithfully deliuered to their most poore and needy neighbours LXXXV Churches to be kept in sufficient reparations THe Churchwardens or questmen shall take care and prouide that the Churches bee well and sufficiently repaired and so from time to time kept and maintained that the Windowes bee well glazed and that the Floores be kept paued plaine and euen and all things there in such an orderly and decent sort without dust or any thing that may bee either noisome or vnseemely as best becommeth the house of God and is prescribed in an Homily to that effect The like care they shall take that the Churchyards bee well and sufficiently repaired fenced and maintained with Walles Railes or Pales as haue beene in each place accustomed at their charges vnto whom by Lawe the same appertaineth but especially they shall see that in euery meeting of the Congregation peace be well kept and that all persons Excommunicated and so denounced be kept out of the Church LXXXVI Churches to be suruayed and the decayes certified to the high Commissioners EVery Deane Deane and Chapter Archdeacon and others which haue authoritie to holde Ecclesiasticall Visitations by Composition Law or Prescription shall suruay the Churches of his or their Iurisdiction once in euery three yeeres in his owne person or cause the same to bee done and shall from time to time within the said three yeeres certifie the high Commissioners for causes Ecclesiasticall euery yeere of such defects in any the said Churches as hee or they doe finde to remaine vnrepaired and the names and surnames of the parties faultie therein Vpon which Certificat we desire that the sayd high Commissioners will Ex Officio mero send for such parties and compel them to obey the iust and lawfull Decrees of such Ecclesiasticall Ordinaries making such Certificates LXXXVII A Terrier of Glebelands and other Possessions belonging to Churches WE ordaine that the Archbishop and all Bishops within their seuerall Diocesses shall procure as much as in them lieth that a true note and Terrier of all the Glebes Lands Meadowes Gardens Orchards Houses Stockes Implements Tenements portions of Tithes lying out of their Parishes which belong to any Parsonage or Vicarage or rurall Prebend bee taken by the view of honest men in euery Parish by the appointment of the Bishop whereof the Minister to bee one and bee laid vp in the Bishops Registrie there to be for a perpetuall memorie thereof LXXXVIII Churches not to be prophaned THe Churchwardens
or Questmen and their Assistants shall suffer no Playes Feasts Banquets Suppers Church-ales Drinkings temporall Courts or Leetes Lay-iuries Musters or any other prophane vsage to be kept in the Church Chappel or Church-yard neither the Bels to be rong superstitiously vpon Holydayes or Eues abrogated by the Booke of Common prayer nor at any other times without good cause to be allowed by the Minister of the place and by themselues ¶ Churchwardens or Questmen and Side-men or Assistants LXXXIX The choise of Churchwardens and their accompt AL Churchwardens or Questmen in euery Parish shall bee chosen by the ioynt consent of the Minister and the Parishioners it it may be But if they cannot agree vpon such a choise then the Minister shall chuse one and the Parishioners an other and without such a ioynt or seuerall choise none shall take vpon them to be Churchwardens neither shal they continue any longer then one yere in that Office except perhaps they be chosen againe in like manner And all Churchwardens at the end of their yeere or within a moneth after at the most shall before the Minister and the Parishioners giue vp a iust accompt of such money as they haue receiued and also what particularly they haue bestowed in reparations and otherwise for the vse of the Church And last of all going out of their Office they shall truely deliuer vp to the Parishioners whatsoeuer money or other things of right belonging to the Church or Parish which remaineth in their hands that it may bee deliuered ouer by them to the next Churchwardens by Bill Indented XC The choyse of Sidemen and their ioynt Office with Churchwardens THe Churchwardens or Questmen of euery Parish and two or three or moe discreet persons in euery Parish to bee chosen for Sidemen or Assistants by the Minister and Parishioners if they can agree otherwise to bee appointed by the Ordinarie of the Diocesse shall diligently see that all the Parishioners duely resort to their Church vpon all Sundayes and Holy dayes and there continue the whole time of diuine Seruice and none to walke or to stand idle or talking in the Church or in the Church-yard or Church-porch during that time And all such as shall bee found slacke or negligent in resorting to the Church hauing no great or vrgent cause of absence they shall earnestly call vpon them and after due monition if they amend not they shall present them to the Ordinarie of the place The choice of which persons viz. Church-wardens or Questmen Side-men or Assistants shall bee yeerely made in Easter weeke ¶ Parish Clearks XCI Parish Clearks to be chosen by the Minister NO Parish Clearke vpon any vacation shal be chosen within the Citie of London or elsewhere within the Prouince of Canterbury but by the Parson or Vicar or where there is no Parson or Vicar by the Minister of that place for the time being Which choice shall bee signified by the said Minister Vicar or Parson to the Parishioners the next Sunday following in the time of Diuine Seruice And the said Clearke shal be of twenty yeeres of age at the least and knowen to the saide Parson Vicar or Minister to be of honest conuersation and sufficient for his Reading Writing and also for his competent skil in Singing if it may be And the said Clearks so chosen shall haue and receiue their ancient Wages without fraude or diminution either at the handes of the Church-wardens at such times as hath bene accustomed or by their owne collection according to the most ancient custome of euery Parish ¶ Ecclesiasticall Courts belonging to the Archbishops Iurisdiction XCII None to bee Cited into diuers Courts for probate of the same Will FOrasmuch as many heretofore haue bene by Apparitors both of inferiour Courts and of the Courts of the Archbishops Prerogatiues much distracted and diuersly called and summoned for probate of Willes or to take administrations of the goods of persons dying intestate and are thereby vexed and grieued with many causelesse and vnnecessary troubles molestations and expences Wee constitute and appoint That all Chancellors Commissaries or Officials or any other exercising Ecclesiasticall Iurisdiction whatsoeuer shall at the first charge with an othe all persons called or voluntarily appearing before them for the probate of any Will or the Administration of any goods whether they know or moued by any speciall inducement doe firmely beleeue that the partie deceased whose Testament or goods depend now in question had at the time of his or her death any goods or good debts in any other Diocesse or Diocesses or peculiar Iurisdiction within that Prouince then in that wherein the said party died amounting to the value of fiue pounds And if the said person cited or voluntarily appearing before him shall vpon his oath affirme That hee knoweth or as aforesaid firmely beleeueth that the said party deceased had goods or good debts in any other Diocesse or Diocesses or peculiar Iurisdiction within the said Prouince to the value aforesaide and particularly specifie and declare the same then shall he presently dismisse him not presuming to intermeddle with the probate of the said Will or to grant Administration of the goods of the party so dying Intestate neither shall hee require or exact any other charges of the said parties more then such onely as are due for the Citation and other Processe had and vsed against the said parties vpon their further contumacie but shal openly and plainely declare and professe that the saide cause belongeth to the Prerogatiue of the Archbishop of that Prouince willing and admonishing the partie to prooue the said Will or require Administration of the said goods in the Court of the said Prerogatiue and to exhibite before him the saide Iudge the probate or administration vnder the seale of the Prerogatiue within forty daies next following And if any Chancellor Commissary Official or other exercising Ecclesiasticall Iurisdiction whatsoeuer or any their Register shall offend herein let him be ipso facto suspended from the execution of his Office not to be absolued or released vntil he haue restored to the party all expences by him layed out contrary to the tenor of the premisses and euery such probate of any Testament or administration of goods so granted shall be held voyd and frustrate to all effects of the Law whatsoeuer Furthermore wee charge and enioyne that the Register of euery inferior Iudge doe without all difficultie or delay certifie and informe the Apparitor of the Prerogatiue Court repairing vnto him once a moneth and no oftner what Executors or Administrators haue bene by his said Iudge for the incompetencie of his owne Iurisdiction dismissed to the said Prerogatiue Court within the moneth next before vnder paine of a moneths suspension from the exercise of his Office for euery default therein Prouided that this Canon or any thing therein contained bee not preiudiciall to any composition betweene the Archbishop and any Bishop or other Ordinary nor to any inferior Iudge
XCVIII Inhibitions not to bee granted to factious Appellants vnlesse they first subscribe FOrasmuch as they who breake the Lawes cannot in reason claime any benefite or protection by the same Wee decree and appoint that after any Iudge Ecclesiasticall hath proceeded Iudicially against obstinate and factious persons and contemners of Ceremonies for not obseruing the Rites and Orders of the Church of England or for contempt of Publike prayer no Iudge ad quem shall admit or allow any his or their Appeales vnlesse he hauing first seene the originall Appeale the partie appellant doe first personally promise and auow that he wil faithfully keepe and obserue all the Rites and Ceremonies of the Church of England as also the prescript fourme of Common prayer and doe likewise subscribe to the three Articles formerly by vs specified and declared XCIX None to marry within the degrees prohibited NO persons shall marrie within the degrees prohibited by the Lawes of God and expressed in a Table set forth by authoritie in the yeere of our Lord God 1563. and all marriages so made contacted shall bee adiudged incestuous and vnlawfull and consequently shall be dissolued as voyd from the beginning and the parties so married shall by course of Law be separated And the aforesaid Table shall be in euery Church publikely set vp and fixed at the charge of the Parish C. None to marrie vnder xxj yeeres without their Parents consent NO children vnder the age of one and twentie yeeres complete shall contract themselues or marrie without the consent of their Parents or of their Guardians and Gouernours if their Parents be deceased CI. By whom Licences to marrie without Bannes shal be granted and to what sort of persons NO Facultie or Licence shal be henceforth granted for solemnization of Matrimonie betwixt any parties without thrice open publication of the Bannes according to the booke of Common prayer by any person exercising any Ecclesiasticall Iurisdiction or claiming any Priuiledges in the right of their Churches but the same shal be granted onely by such as haue Episcopall authoritie or the Commissary for Faculties Vicars generall of the Archbishops and Bishops sede plena or sede vacante the Guardian of the Spiritualties or Ordinaries exercising of right Episcopal Iurisdiction in their seuerall Iurisdictions respectiuely and vnto such persons onely as bee of good state and qualitie and that vpon good caution and securitie taken CII Securitie to be taken at the graunting of such Licences and vnder what conditions THe securitie mentioned shall containe these conditions First that at the time of the granting euery such Licence there is not any impediment of precontract consanguinitie affinitie or other lawfull cause to hinder the said marriage Secondly that there is not any controuersie or suit depending in any Court before any Ecclesiasticall Iudge touching any contract or marriage of either of the said parties with any other Thirdly that they haue obtained thereunto the expresse consent of their parents if they be liuing or otherwise of their Guardians or Gouernours Lastly that they shall celebrate the said Matrimonie publikely in the Parish Church or Chappell where one of them dwelleth and in no other place and that betweene the houres of eight and twelue in the forenoone CIII Oathes to be taken for the conditions FOr the auoiding of all fraud and collusion in the obtaining of such Licences Dispensations We further constitute and appoint That before any Licence for the Celebration of Matrimonie without publication of Bannes be had or granted it shall appeare to the Iudge by the oathes of two sufficient witnesses one of them to be knowen either to the Iudge himselfe or to some other person of good reputation then present and knowen likewise to the said Iudge that the expresse consent of the Parents or Parent if one bee dead or Gardians or Gardian of the parties is thereunto had and obtained And furthermore that one of the parties personally sweare that he beleeueth there is no let or impediment of precontract kindred or alliance or of any other lawfull cause whatsoeuer nor any suite commenced in any Ecclesiasticall Court to bar or hinder the proceeding of the said Matrimonie according to the tenour of the foresaid Licence CIIII. An exception of those that are in Widowhood IF both the parties which are to marry being in Widowhood do seeke a Facultie for the forbearing of Bannes then the clauses before mentioned requiring the Parents consents may be omitted but the Parishes where they dwell both shall be expressed in the Licence as also the Parish named where the Marriage shall be celebrated And if any Commissary for Faculties Vicars generall or other the said Ordinaries shal offend in the premisses or any part thereof he shall for euery time so offending be suspended from the execution of his Office for the space of sixe moneths and euery such Licence or dispensation shall be held voyd to al effects and purposes as if there had neuer bene any such granted and the parties marrying by vertue thereof shall bee subiect to the punishments which are appointed for Clandestine Marriages CV No Sentence for Diuorce to bee giuen vpon the sole confession of the parties FOrasmuch as Matrimoniall causes haue bene alwayes reckoned and reputed amongst the weightiest and therefore require the greater caution when they come to be handled and debated in Iudgement especially in causes wherein Matrimonie hauing bene in the Church duely solemnized is required vpon any suggestion or pretext whatsoeuer to bee dissolued or annulled Wee doe straightly charge and inioyne that in all proceedings to Diuorce and Nullities of Matrimonie good circumspection and aduice bee vsed and that the trueth may as farre as is possible bee sifted out by the deposition of witnesses and othâ—â— lawfull proofes and euictions and that credit be not giuen to the sole confession of the parties themselues howsoeuer taken vpon oath either within or without the Court. CVI. No Sentence for Diuorce to be giuen but in open Court NO Sentence shall be giuen either for separation à thoro mensa or for annulling of pretended Matrimonie but in open Court and in the seat of Iustice and that with the knowledge and consent either of the Archbishop within his Prouince or of the Bishop within his Diocesse or of the Deane of the Arches the Iudge of the Audience of Canterbury or of the Vicars general or other principall Officials or sede vacante of the Guardians of the Spiritualties or other Ordinaries to whom of right it apperteineth in their seuerall Iurisdictions and Courts and concerning them onely that are then dwelling vnder their Iurisdictions CVII In all Sentences for Diuorce bond to be taken for not marrying during each others life IN all Sentences pronounced onely for Diuorce and Separation à thoro mensa there shall bee a caution and restraint inserted in the Act of the said Sentence That the parties so separated shal liue chastly continently neither shall they during each others
against any such Churchwarden Questmen Sidemen or other Church officers for making any such presentments nor against any Minister for any presentment that hee shall make all the said presentments tending to the restraint of shamelesse impietie and considering that the rules both of Charitie and Gouernment doe presume that they did nothing therein of malice but for the discharge of their consciences CXVI Churchwardens not bound to Present oftner then twice a yeere NO Churchwardens Questmen or Side-men of any Parish shall bee inforced to exhibite their presentments to any hauing Ecclesiasticall Iurisdiction aboue once in euery yeere where it hath bene no oftner vsed nor aboue twise in any Diocesse whatsoeuer except it be at the Bishops Visitation For the which presentments of euery Parish Church or Chappell the Register of any Court where they are to be exhibited shall not receiue in one yeere aboue foure pence vnder paine for euery offence therein of suspension from the execution of his Office for the space of a moneth toties quoties Prouided alwayes that as good occasion shall require it shall be lawfull for euery Minister Churchwardens and Side-men to present offenders as oft as they shall thinke meete And likewise for any godly disposed person or for any Ecclesiasticall Iudge vpon knowledge or notice giuen vnto him or them of any enormious crime within his Iurisdiction to moue the Minister Churchwardens or Sidemen as they tender the glory of God and reformation of sinne to present the same if they shall finde sufficient cause to induce them thereunto that it may bee in due time punished and reformed Prouided that for these voluntarie presentments there be no Fee required or taken of them vnder the paine aforesaid CXVII Churchwardens not to be troubled for not presenting oftner then twise a yeere NO Churchwardens Questmen or Side-men shall be called or cited but onely at the said time or times before limited to appeare before any Ecclesiasticall Iudge whosoeuer for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiasticall lawes Neither shall they nor any of them after their presentments exhibited at any of those times be any further troubled for the same except vpon manifâ—st and euident proofe it may appeare that they did then willingly and wittingly omit to present some such publike crime or crimes as they knew to be committed or could not be ignorant that there was then a publike fame of them or vnlesse there be very iust cause to call them for the explanation of their former presentments In which case of wilfull omission their Ordinaries shall proceed against them in such sort as in causes of wilfull periury in a Court Ecclesiasticall it is alreadie by Law prouided CXVIII The old Churchwardens to make their Presentments before the new be sworne THe office of al Churchwardens and Side-men shall bee reputed euer hereafter to continue vntill the new Churchwardens that shall succeed them be sworne which shal be the first weeke after Easter or some weeke following according to the direction of the Ordinary Which time so appointed shall alwayes be one of the two times in euery yeere when the Minister and Churchwardens and Sidemen of euery Parish shall exhibite to their seuerall Ordinaries the presentments of such enormities as haue happened in their Parishes since their last presentments And this duetie they shall performe before the newly chosen Churchwardens and Sidemen be sworne and shall not be suffered to passe ouer the said presentments to those that are newly come into office and are by intendment ignorant of such crimes vnder paine of those censures which are appointed for the reformation of such dalliers and dispensers with their owne consciences and oathes CXIX Conuenient time to be assigned for framing Presentments FOr the auoyding of such inconueniences as heretofore haue happened by the hasty making of Billes of Presentments vpon the dayes of the Visitation and Synods it is ordered That alwayes hereafter euery Chancellor Archdeacon Commissary and Officiall and euery other person hauing Ecclesiasticall Iurisdiction at the ordinary time when the Churchwardens are sworne and the Archbishop and Bishops when he or they doe summon their Visitation shall deliuer or cause to be deliuered to the Churchwardens Questmen and Sidemen of euery Parish or to some of them such Bookes of Articles as they or any of them shall require for the yeere following the said Churchwardens Questmen and Sidemen to ground their Presentments vpon at such times as they are to exhibite them In which Booke shall be contained the forme of the oath which must be taken immediatly before euery such Presentment to the intent that hauing before hand time sufficient not onely to peruse and consider what their sayd oath shal be but the Articles also whereupon they are to ground their Presentments they may frame them at home both aduisedly and truely to the discharge of their owne conscienences after they are sworne as becommeth honest and godly men CXX None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina NO Bishop Chancellor Archdeacon Officiall or other Ecclesiasticall Iudge shall suffer any generall Processes of Quorum nomina to bee sent out of his Court except the names of all such as thereby are to be cited shal be first expresly entred by the hand of the Register or his Deputie vnder the said Processes and the sayd Processes and names be first subscribed by the Iudge or his Deputie and his Seale thereto affixed CXXI None to bee Cited into seuerall Courts for one crime IN places where the Bishop and Archdeacon doe by prescription or composition visite at seuerall times in one and the same yeere least for one and the selfe same fault any of his Maiesties Subiects should bee challenged molested in diuers Ecclesiastical Courts We order and appoint That euery Archdeacon or his Officiall within one moneth after the Visitation ended that yeere and the Presentments receiued shall certifie vnder his Hand and Seale to the Bishop or his Chancellor the names and Crimes of all such as are detected and presented in his said Visitation to the end the Chancellor shall thencefoorth forbeare to conuent any person for any Crime or cause so detected or presented to the Archdeacon And the Chancellor within the like time after the Bishops Visitation ended and Presentments receiued shall vnder his Hand and Seale signifie to the Archdeacon or his Official the names and Crimes of all such persons which shall be detected or presented vnto him in that Visitation to the same intent as is aforesaid And if these Officers shall not certifie each other as is here prescribed or after such certificate shall intermeddle with the crimes or persons detected and presented in each others Visitation then euery of them so offending shall be suspended from all exercise of his Iurisdiction by the Bishop of the Diocesse vntill he shall repay the costs and expences which the parties grieued haue bene at by that
vexation CXXII No sentence of depriuation or deposition to bee pronounced against a Minister but by the Bishop WHen any Minister is complained of in any Ecclesiasticall Court belonging to any Bishop of this Prouince for any Crime the Chancellor Commissarie Officiall or any other hauing Ecclesiastical Iurisdiction to whom it shall appertaine shal expedite the cause by Processes and other proceedings against him and vpon contumacie for not appearing shal first suspend him afterward his contumacie continuing Excommunicate him But if he appeare and submit himselfe to the course of Law then the matter being ready for Sentence and the merits of his offence exacting by Law either depriuation from his liuing or deposition from the Ministery no such sentence shall bee pronounced by any person whatsoeuer but only by the Bishop with the assistance of his Chancellor the Deane if they may conueniently bee had and some of the Prebendaries if the Court be kept neere the Cathedrall Church or of the Archdeacon if he may bee had conueniently and two other at the least graue Ministers and Preachers to be called by the Bishop when the Court is kept in other places CXXIII No Act to be sped but in open Court NO Chancellor Commissary Archdeacon Officiall or any other person vsing Ecclesiasticall Iurisdiction whosoeuer shall speed any iudiciall Act either of contentious or voluntary Iurisdiction except he haue the ordinary Register of that Court or his lawfull Deputy or if hee or they will not or cannot be present then such persons as by law are allowed in that behalfe to write or speede the same vnder paine of suspension ipso facto CXXIIII No Court to haue more then one Seale NO Chancellor Commissarie Archdeacon Official or any other exercising Ecclesiasticall Iurisdiction shal without the Bishops consent haue any mo Seales then one for the Sealing of all matters incident to his Office Which Seale shall alwayes be kept either by himselfe or by his lawfull Substitute exercising Iurisdiction for him and remaining within the Iurisdiction of the said Iudge or in the Citie or principall Towne of the Countie This Seale shall containe the title of that Iurisdiction which euery of the said Iudges or their Deputies doe execute CXXV Conuenient places to bee chosen for the keeping of Courts ALl Chancellors Commissaries Archdeacons Officials and all other exercising Ecclesiasticall Iurisdiction shall appoint such meete places for the keeping of their Courts by the assignement or approbation of the Bishop of the Diocesse as shall bee conuenient for entertainement of those that are to make their appearance there and most indifferent for their trauell And likewise they shall keepe and end their Courts in such conuenient time as euery man may returne homewards in as due season as may be CXXVI Peculiar and inferiour Courts to exhibite the originall copies of Willes into the Bishops Registrie WHereas Deanes Archdeacons Prebendaries Parsons Vicars others exercising Ecclesiasticall Iurisdiction claime libertie to proue the last Willes Testaments of persons deceased within their seuerall Iurisdictions hauing no knowen nor certaine Registers nor publike place to keepe their Records in by reason whereof many Willes Rights and Legacies vpon the death or change of such persons and their priuate Notaries miscarry and cannot bee found to the great preiudice of his Maiesties Subiects We therefore order and inioyne that all such Possessours Exercisers of peculiar Iurisdiction shall once in euery yeere exhibite into the publike Registrie of the Bishop of the Diocesse or of the Deane Chapter vnder whose Iurisdiction the said Peculiars are euery originall Testament of euery person in that time deceased and by them proued in their seuerall peculiar Iurisdictions or a true Copie of euery such Testament examined subscribed and sealed by the peculiar Iudge and his Notarie Otherwise if any of them faile so to doe the Bishop of the Diocesse or Deane and Chapter vnto whom the said Iurisdictions doe respectiuely belong shall suspend the said parties and euery of them from the exercise of all such peculiar Iurisdiction vntill they haue performed this our Constituion ¶ Iudges Ecclesiasticall and their Surrogates CXXVII The qualitie and oath of Iudges NO man shall hereafter be admitted a Chancellor Commissary or Official to exercise any Ecclesiasticall Iurisdiction except hee be of the full age of sixe and twentie yeeres at the least and one that is learned in the Ciuill and Ecclesiasticall Lawes and is at the least a Master of Arts or Bachelor of Law and is reasonably well practised in the course thereof as likewise well affected and zealously bent to Religion touching whose life and maners no euill example is had except before he enter into or execute any such Office hee shall take the oath of the Kings Supremacie in the presence of the Bishop or in the open Court and shall subscribe to the Articles of Religion agreed vpon in the Conuocation in the yeere one thousand fiue hundred sixtie and two and shall also sweare that he will to the vttermost of his vnderstanding deale vprightly and iustly in his Office without respect or fauour of reward the said oathes and subscription to be recorded by a Register then present And likewise all Chancellors Commissaries Officials Registers and all other that do now possesse or execute any places of Ecclesiasticall Iurisdiction or Seruice shall before Christmas next in the presence of the Archbishop or Bishop or in open Court vnder whom or where they exercise their Offices take the same oathes and subscribe as before is said or vpon refusall so to doe shall be suspended from the execution of their Offices vntill they shal take the said oathes and subscribe as aforesaid CXXVIII The qualitie of Surrogats NO Chancellor Commissary Archdeacon Officiall or any other person vsing Ecclesiasticall Iurisdiction shall at any time substitute in their absence any to keepe any Court for them except hee bee either a graue Minister and a Graduate or a licensed publike Preacher and a Beneficed man neere the place where the Courts are kept or a Bachelor of Law or a Master of Arts at least who hath some skill in the Ciuill and Ecclesiasticall Law and is a fauourer of true Religion and a man of modest and honest conuersation vnder paine of Suspension for euery time that they offend therein from the execution of their Offices for the space of three moneths Toties quoties And hee likewise that is Deputed being not qualified as is before expressed and yet shall presume to be a Substitute to any Iudge and shall keepe any Court as is aforesaid shal vndergoe the same censure in maner and forme as is before expressed ⧠Proctors CXXIX Proctors not to retaine Causes without the lawfull assignement of the parties NOne shall Procure in any cause whatsoeuer vnlesse he be thereunto constituted and appointed by the partie himselfe either before the Iudge and by Act in Court or vnlesse in the beginning of the Suit hee be by a true and sufficient