now four times appointed in every Year for the Ordination of Deacons and Ministers there may ever be some time of trial of their behaviour in the Office of Deacon before they be admitted to the Order of Priesthood XXXIII The Titles of such as are to be made Ministers IT hath been long since provided by many Decrees of the Ancient Fathers that none should be admitted either Deacon or Priest who had not first some certain place where he might use his Function According to which Examples we do ordain that henceforth no Person shall be admitted into Sacred Orders except he shall at that time exhibit to the Bishop of whom he desireth Imposition of hands a Presentation of himself to some Ecclesiastical Preferment then void in that Diocess or shall bring to the said Bishop a true and undoubted Certificate that either he is provided of some Church within the said Diocess where he may attend the cure of Souls or of some Ministers place vacant either in the Cathedral Church of that Diocess or in some other Collegiate Church therein also situate where he may execute his Ministery or that he is a Fellow or in right as a Fellow or to be a Conduct or Chaplain in some Colledge in Cambridge or Oxford or except he be a Master of Arts of five years standing that liveth of his own Charge in either of the Universities or except by the Bishop himself that doth ordain him Minister he be shortly after to be admitted either to some Benefice or Curatship then void And if any Bishop shall admit any Person into the Ministery that hath none of these Titles as is aforesaid then he shall keep and maintain him with all things necessary till he do prefer him to some Ecclesiastical Living And if the said Bishop shall refuse so to do he shall be suspended by the Archbishop being assisted with another Bishop from giving of Orders by the space of a Year XXXIV The Quality of such as are to be made Ministers NO Bishop shall henceforth admit any Person into Sacred Orders which is not of his own Diocess except he be either of one of the Universities of this Realm or except he shall bring Letters Dimissory so termed from the Bishop of whose Diocess he is and desiring to be a Deacon is three and twenty years old and to be a Priest four and twenty years compleat and hath taken some Degree of School in either of the said Universities or at the least except he be able to yield an account of his Faith in Latin according to the Articles of Religion approved in the Synod of the Bishops and Clergy of this Realm One thousand five hundred sixty and two and to confirm the same by sufficient Testimonies out of the holy Scriptures and except moreover he shall then exhibit Letters Testimonial of his good Life and Conversation under the Seal of some College of Cambridge or Oxford where before he remained or of three or four grave Ministers together with the Subscription and Testimony of other credible Persons who have known his life and behaviour by the space of three years next before XXXV The Examination of such as are to be made Ministers THE Bishop before he admit any Person to holy Orders shall diligently examine him in the presence of those Ministers that shall assist him at the Imposition of hands And if the said Bishop have any lawful impediment he shall cause the said Ministers carefully to examine every such Person so to be Ordered Provided that they who shall assist the Bishop in examining and laying on of hands shall be of his Cathedral Church if they may conveniently be had or other sufficient Preachers of the same Diocess to the number of three at the least And if any Bishop or Suffragan shall admit any to Sacred Orders who is not so qualified and examined as before we have Ordained the Archbishop of his Province having notice thereof and being assisted therein by one Bishop shall suspend the said Bishop or Suffragan so offending from making either Deacons or Priests for the space of two years XXXVI Subscription required of such as are to be made Ministers NO Person shall hereafter be received into the Ministery nor either by Institution or Collation admitted to any Ecclesiastical Living nor suffered to Preach to Catechize or to be a Lecturer or Reader of Divinity in either University or in any Cathedral or Collegiate Church City or Market-Town Parish-Church Chapel or in any other place within this Realm except he be Licensed either by the Archbishop or by the Bishop of the Diocess where he is to be placed under their Hands and Seals or by one of the two Universities under their Seal likewise and except he shall first subscribe to these three Articles following in such manner and sort as we have here appointed 1. That the King's Majesty under God is the only Supream Governour of this Realm and of all other His Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within His Majesty's said Realms Dominions and Countries 2. That the Book of Common-Prayer and of Ordering of Bishops Priests and Deacons containeth in it nothing contrary to the Word of God and that it may lawfully so be used and that he himself will use the Form in the said Book prescribed in Publick Prayer and Administration of the Sacraments and none other 3. That he alloweth the Book of Articles of Religion agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the Year of our Lord God One thousand five hundred sixty and two and that he acknowledgeth all and every the Articles therein contained being in number Nine and thirty besides the Ratification to be agreeable to the Word Of God To these three Articles whosoever will subscribe he shall for the avoiding of all ambiguities subscribe in this Order and Form of Words setting down both his Christian and Sirname viz. IN. N. do willingly and ex animo subscribe to these three Articles above-mentioned and to all things that are contained in them And if any Bishop shall Ordain Admit or License any as is aforesaid Except he first have subscribed in manner and form as here we have appointed he shall be suspended from giving of Orders and Licences to Preach for the space of twelve Months But if either of the Universities shall offend therein we leave them to the danger of the Law and His Majesty's Censure XXXVII Subscription before the Diocesan NOne Licensed as is aforesaid to Preach Read Lecture or Catechise coming to reside in any Diocess shall be permitted there to Preach Read Lecture Catechise or Minister the Sacraments or to execute any other Ecclesiastical Function by what Authority soever he
CONSTITUTIONS AND Canons Ecclesiastical TREATED UPON By the BISHOP of LONDON President of the CONVOCATION FOR THE Province of CANTERBURY AND The rest of the Bishops and Clergy of the said Province AND Agreed upon with the King's Majesty's Licence in their Synod begun at London Anno Domini 1603. And in the Year of the Reign of our Sovereign Lord JAMES by the Grace of God King of England France and Ireland the First and of Scotland the Thirty seventh AND Now Published for the due Observation of them by His Majesty's Authority UNDER THE Great Seal of England LONDON Printed for Samuel Mearne Stationer to the King 's most Excellent Majesty and Robert Pawlet 1678. JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these Presents shall come Greeting Whereas our Bishops Deans of our Cathedral Churches Archdeacons Chapters and Colledges and the other Clergy of every Diocess within the Province of Canterbury being summoned and called by Virtue of our Writ directed to the most Reverend Father in God John late Archbishop of Canterbury and bearing Date the 31. Day of January in the First Year of Our Reign of England France and Ireland and of Scotland the 37. to have appeared before him in our Cathedral Church of St. Paul in London the 20. Day of March then next ensuing or elsewhere as he should have thought it most convenient to treat consent and conclude upon certain difficult and urgent Affairs mentioned in the said Writ Did thereupon at the time appointed and within the Cathedral Church of St. Paul aforesaid assemble themselves and appear in Convocation for that purpose according to Our said Writ before the Right Reverend Father in God Richard Bishop of London duly upon a second Writ of Ours dated the 9. Day of March aforesaid authorized appointed and constituted by reason of the said Archbishop of Canterbury his Death President of the said Convocation to execute those things which by Virtue of Our first Writ did appertain to him the said Archbishop to have executed if he had lived We for divers urgent and weighty Causes and Considerations Us thereunto especially moving of Our especial Grace certain Knowledge and meer Motion did by Virtue of our Prerogative Royal and Supreme Authority in Causes Ecclsieastical give and grant by Our several Letters Patents under Our Great Seal of England the one dated the 12. Day of April last past and the other the 25. Day of June then next following full free and lawful Liberty Licence Power and Authority unto the said Bishop of London President of the said Convocation and to the other Bishops Deans Archdeacons Chapters and Colledges and the rest of the Clergy before mentioned of the said Province That they from time to time during Our first Parliament now Prorogued might confer treat debate consider consult and agree of and upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the Honour and Service of Almighty God the good and quiet of the Church and the better Government thereof to be from time to time observed performed fulfilled and kept as well by the Archbishops of Canterbury the Bishops and their Successors and the rest of the whole Clergy of the said Province of Canterbury in their several Callings Offices Functions Ministeries Degrees and Administrations as also by all and every Dean of the Arches and other Iudge of the said Archbishop's Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officials Registers and all and every other Ecclesiastical Officers and their inferiour Ministers whatsoever of the same Province of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their Proceedings and by all other Persons within this Realm as far as lawfully being Members of the Church it may concern them as in our said Letters Patents amongst other Clauses more at large doth appear Forasmuch as the Bishop of London President of the said Convocation and others the said Bishops Deans Archdeacons Chapters and Colledges with the rest of the Clergy having met together at the time and place before mentioned and then and there by Virtue of Our said Authority granted unto them treated of concluded and agreed upon certain Canons Orders Ordinances and Constitutions to the end and purpose by Us limited and prescribed unto them and have thereupon offered and presented the same unto Us most humbly desiring Us to give Our Royal Assent unto their said Canons Orders Ordinances and Constitutions according to the Form of a certain Statute or Act of Parliament made in that behalf in the 25. Year of the Reign of King Henry the Eighth and by Our said Prerogative Royal and Supreme Authority in Causes Ecclesiastical to ratifie by Our Letters Patents under Our Great Seal of England and to confirm the same the Title and Tenour of them being word for word as ensueth Constitutions and Canons ECCLESIASTICAL Treated upon by the Bishop of London President of the Convocation for the Province of Canterbury and the rest of the Bishops and Clergy of the said Province and agreed upon with the King's Majesty's Licence in their Synod begun at London Anno Dom. 1603. And in the year of the Reign of our Sovereign Lord JAMES by the Grace of God King of England France and Ireland the First and of Scotland the Thirty seventh Of the Church of ENGLAND I. The King's Supremacy over the Church of England in Causes Ecclesiastical to be maintained AS our Duty to the King 's most Excellent Majesty requireth We first decree and ordain That the Archbishop of Canterbury from time to time all Bishops of this Province all Deans Archdeacons Parsons Vicars and all other Ecclesiastical Persons shall faithfully keep and observe and as much as in them lieth shall cause to be observed and kept of others all and singular Laws and Statutes made for restoring to the Crown of this Kingdom the Ancient Jurisdiction over the State Ecclesiastical and abolishing of all Foreign Power repugnant to the same Furthermore all Ecclesiastical Persons having Cure of Souls and all other Preachers and Readers of Divinity Lectures shall to the uttermost of their Wit Knowledge and Learning purely and sincerely without any colour or dissimulation teach manifest open and declare four times every Year at the least in their Sermons and other Collations and Lectures That all usurped and Foreign Power forasmuch as the same hath no Establishment nor ground by the Law of God is for most just Causes taken away and abolished and that therefore no manner of Obedience or Subjection within His Majesty's Realms and Dominions is due unto any such Foreign Power but that the King's Power within His Realms of England Scotland and Ireland and all other His Dominions and Countries is the Highest Power under God to whom all men as well Inhabitants as born within the same do by
Church and Chappel where Baptism is to be ministred the same to be set in the Ancient usual places In which only Font the Minister shall baptize publickly LXXXII A decent Communion Table in every Church VVHereas we have no doubt but that in all Churches within the Realm of England convenient and decent Tables are provided and placed for the celebration of the holy Communion we appoint that the same Tables shall from time to time be kept and repaired in sufficient and seemly manner and covered in time of Divine Service with a Carpet of Silk or other decent stuff thought meet by the Ordinary of the place if any question be made of it and with a fair Linen cloth at the time of the ministration as becometh that Table and so stand saving when the said holy Communion is to be administred At which time the same shall be placed in so good sort within the Church or Chancel as thereby the Minister may be more conveniently heard of the Communicants in his Prayer and Ministration and the Communicants also more conveniently and in more number may Communicate with the said Minister and that the Ten Commandments be set upon the East-end of every Church and Chappel where the people may best see and read the same and other chosen Sentences written upon the walls of the said Churches and Chappels in places convenient and likewise that a convenient Seat be made for the Minister to read Service in All these to be done at the charge of the Parish LXXXIII A Pulpit to be provided in every Church THE Church-wardens or Quest-men at the common charge of the Parishioners in every Church shall provide a comely and decent Pulpit to bo set in a convenient place within the same by the discretion of the Ordinary of the place if any question do arise and to be there seemly kept for the Preaching of Gods word LXXXIV A Chest for Alms in every Church THE Church-wardens shall provide and have within three months after the publishing of these Constitutions a strong Chest with a hole in the upper part thereof to be provided at the charge of the Parish if there be none such already provided having three Keys of which one shall remain in the custody of the Parson Vicar or Curate and the other two in the custody of the Church-wardens for the time being which Chest they shall set and fasten in the most convenient place to the intent the Parishioners may put into it their Alms for their poor Neighbours And the Parson Vicar or Curate shall diligently from time to time and especially when men make their Testaments call upon exhort and move their Neighbours to confer and give as they may well spare to the said Chest declaring unto them That whereas heretofore they have been diligent to bestow much substance otherwise then God commanded upon superstitious uses now they ought at this time to be much more ready to help the poor and needy knowing that to relieve the poor is a sacrifice which pleaseth God And that also whatsoever is given for their comfort is given to Christ himself and is so accepted of him that he will mercifully reward the same The which Alms and Devotion of the people the keepers of the Keys shall yearly quarterly or oftner as need requireth take out of the Chest and distribute the same in the presence of most of the Parish or six of the chief of them to be truly and faithfully delivered to their most poor and needy neighbours LXXXV Churches to be kept in sufficient reparations THe Churchwardens or Questmen shall take care and provide that the Churches be well and sufficiently repair'd and so from time to time kept and maintained that the Windows be well glazed and that the Floors be kept paved plain and even all things there in such an orderly and decent sort without dust or any thing that may be either noysome or unseemly as best becometh the House of God and is prescribed in an Homily to that effect The like care they shall take that the Church-yards be well and sufficiently repaired fenced and maintained with Walls Rails or Pales as have been in each place accustomed at their charges unto whom by Law the same appertaineth but especially they shall see that in every meeting of the Congregation peace be well kept and that all persons Excommunicated and so denounced be kept out of the Church LXXXVI Churches to be surveyed and the decays certified to the High Commissioners EVery Dean Dean and Chapter Archdeacon and others which have Authority to hold Ecclesiastical Visitations by Composition Law or Prescription shall survey the Churches of his or their Jurisdiction once in every three years in his own person or cause the same to be done and shall from time to time within the said three years certifie the High Commissioners for causes Ecclesiastical every year of such defects in any the said Churches as he or they do find to remain unrepaired and the names and sirnames of the parties faulty therein Upon which Certificate we desire that the said High Commissioners will ex officio mero send for such parties and compel them to obey the just and lawful Decrees of such Ecclesiastical Ordinaries making such Certificates LXXXVII A Terrier of Glebe-lands and other Possessions belonging to Churches WE Ordain That the Archbishops and all Bishops within their several Diocesses shall procure as much as in them lieth that a true Note and Terrier of all the Glebes Lands Medows Gardens Orchards Houses Stocks Implements Tenements and portions of Tythes lying out of their Parishes which belong to any Parsonage or Vicarage or rural Prebend be taken by the view of honest men in every Parish by the appointment of the Bishop whereof the Minister to be one and be laid up in the Bishops Registry there to be for a perpetual memory thereof LXXXVIII Churches not to be Prophaned THe Church-wardens or Quest-men and their Assistants shall suffer no Plays Feasts Banquets Suppers Church-ales Drinkings temporal Courts or Lets Lay-jurys Musters or any other prophane usage to be kept in the Church Chappel or Church-yard neither the Bells to be rung superstitiously upon Holy-days or Eves abrogated by the Book of Common Prayer not at any other times without good cause to be allowed by the Minister of the place and by themselves Church-wardens or Quest-men and Side-men or Assistants LXXXIX The choice of Church-wardens and their accompt ALL Church-wardens or Quest-men in every Parish shall be chosen by the joynt consent of the Minister and the Parishioners if it may be But if they cannot agree upon such a choice then the Minister shall chuse one and the Parishioners another and without such a joynt or several choice none shall take upon them to be Church-wardens neither shall they continue any longer then one year in that Office except perhaps they be chosen again in like manner And all Church-wardens at the end of their year or within a month after
for two Court days without the Counsel and advice of an Advocate under pain of a years suspension from his Practice neither shall the Judge have power to release or mitigate the said penalty without express Mandate and Authority from the Arch-Bishop aforesaid CXXXI Proctors not to conclude in any cause without the knowledge of an Advocate NO Judge in any of the said Courts of the Arch-Bishop shall admit any Libel or any other matter without the advice of an Advocate admitted to practice in the same Court or without his subscription neither shall any Proctor conclude any Cause depending without the knowledge of the Advocate retained and fee'd in the cause which if any Proctor shall do or procure to be done or shall by any colour whatsoever defraude the Advocate of his Duty or Fee or shall be negligent in repairing to the Advocate and requiring his Advice what course is to be taken in the cause he shall be suspended from all practice for the space of six months without hope of being thereunto restored before the said term be fully compleat 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 usually taken by Proctors of Courts In animam constituentis is found to be inconvenient We do therefore decree and ordain That every Executor or Suiter for Administration shall personally repair to the Judge in that behalf or his Surrogate and in his own person and not by Proctor take the Oath accustomed in these cases But if by reason of sickness or age or any other just let or impediment he be not able to make his personal appearance before the Judge it shall be lawful for the Judge there being faith first made by a credible person of the truth of his said hinderance or impediment to grant a Commission to some grave Ecclesiastical person abiding near the party aforesaid whereby he shall give power and Authority to the said Ecclesiastical person in his stead to minister the accustomed Oath above mentioned to the Executor or Suiter for such Administration requiring his said Substitute that by a faithful and trusty Messenger he certifie the said Judge truly and faithfully what he hath done therein Lastly we ordain and appoint That no Judge or Register shall in any wise receive for the Writing Drawing or Sealing of any such Commission above the sum of six shillings and eight pence whereof one moyety to be for the Judge 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 loud and confused cries and clamours of Proctors in the Courts of the Arch-Bishop are not only troublesom and offensive to the Judges and Advocates but also give occasion to the standers by of contempt and calumny toward the Court it self that more respect may be had to the Dignity of the Judge then heretofore and that causes may more easily and commodiously be handled and dispatched we charge and enjoyn That all Proctors in the said Courts do especially intend that the Acts be faithfully entred and set down by the Register according to the advice and direction of the Advocate that the said Proctors refrain loud speech and brabling and behave themselves quietly and modestly and that when either the Judges or Advocates or any of them shall happen to speak they presently be silent upon pain of silencing for two whole Terms then immediately following every such offence of theirs And if any of them shall the second time offend herein and after due monition shall not reform himself let him be for ever removed from his practice Registers CXXXIV Abuses to be reformed in Register IF any Register or his Deputy or Substitute whatsoever shall receive any Certificate without the knowledge and consent of the Judge of the Court or willingly omit to cause any person cited to appear upon any Court day to be called or unduly put off and defer the examination of witnesses to be examined by a day set and assigned by the Judge or do not obey and observe the judicial and lawful monition of the said Judge or omit to write or cause to be written such Citations and Decrees as are to be put in execution and set forth before the next Court day or shall not cause all Testaments exhibited into his Office to be Registred within a convenient time or shall set down or enact as decreed by the Judge any thing false or conceited by himself and not so ordered oâ— decreed by the Judge or in the transmission of Processes to the Judge Ad quem shall add or insert any falsehood or untruth or omit any thing therein either by cunning or by gross negligence or in causes of Instance or promoted of Office shall receive any reward in favour of either party or to be of counsel directly or indirectly with either of the parties in Suit or in the execution of their Office shall do ought else maliciously or fraudulently whereby the said Ecclesiastical Judge or his proceedings may be slandered or defamed We Will and Ordain that the said Register or his Deputy or Substitute offending in all or any of the premisses shall by the Bishop of the Diocess be Suspended from the exercise of his Office for the space of one two or three months or more according to the quality of his offence and that the said Bishop shall assign some other public Notary to execute and discharge all things pertaining to his Office during the time of his said Suspension CXXXV A certain rate of Fees due to all Ecclesiastical Officers NO Bishop Suffragan Chancellor Commissary Arch-Deacon Official nor any other exercising Ecclesiastical Jurisdiction whatsoever nor any Register of any Ecclesiastical Courts nor any Minister belonging to any of the said Officers or Courts shall hereafter for any cause incident to their several Offices take or receive any other or greater Fees then such as were certified to the most Reverend Father in God John late Arch-Bishop of Canterbury in the year of our Lord God One thousand five hundred ninety and seven and were by him ratified and and approved under pain that every such Judge Officer or Minister offending herein shall be Suspended from the exercise of their several Offices for the space of six Months for every such offence Always provided that if any question shall arise concerning the certainty of the said Fees or any of them those Fees shall be held for lawful which the Arch-Bishop of Canterbury for the time being shall under his Hand approve except the Statutes of this Realm before made do in any particular case express some other Fees to be due Provided furthermore that no Fee or Money shall be received either by the Arch-Bishop or any Bishop or Suffragan either directly or indirectly for admitting of any into Sacred Orders nor that any other person or persons under the
said Arch-Bishop Bishop or Suffragan shall for Parchment Writing Wax Sealing or any other respect thereunto appertaining take above ten shillings under such pains as are already by Law prescribed CXXXVI A Table of the Rates and Fees to be set up in Courts and Registries VVE do likewise constitute and appoint That the Registers belonging to every such Ecclesiastical Judge shall place two Tables containing the several Rates and Sums of all the said Fees one in the usual place or Consistory where the Court is kept and the other in his Registry and both of them in such sort as every man whom it concerneth may without difficulty come to the view and perusal thereof and take a Copy of them the same Tables to be so set up before the Feast of the Nativity next ensuing And if any Register shall fail to place the said Tables according to the Tenour hereof he shall be Suspended from the execution of his Office until he cause the same to be accordingly done And the said Tables being once set up if he shall at any time remove or suffer the same to be removed hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for every such offence be Suspended from the exercise of his Office for the space of six Months CXXXVII The whole Fees for shewing Letters of Orders and other Licences due but once in every Bishops time FOrasmuch as a chief and principal cause and use of Visitation is that the Bishop Arch-Deacon or other assigned to Visit may get some good knowledge of the State Sufficiency and Ability of the Clergy and other persons whom they are to Visit We think it convenient that every Parson Vicar Curate Schoolmaster or other person Licensed whosoever do at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibit unto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoever to be by the said Bishop either allowed or if there be just cause disallowed and rejected and being by him approved to be as the custom is signed by the Register and that the whole Fees accustomed to be paid in the Visitations in respect of the Premisses be paid only once in the whole time of every Bishop and afterwards but half of the said accustomed Fees in every other Visitation during the said Bishops continuance Apparitors CXXXVIII The Number of Apparitors restrained FOrasmuch as we are desirous to redress such abuses and aggrievances as are said to grow by Somners or Apparitors We think it meet that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordain That no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or have more Apparitors to serve in their Jurisdictions respectively then either they or their Predecessors were accustomed to have thirty years before the publishing of these our present Constitutitions All which Apparitors shall by themselves faithfully execute their Offices neither shall they by any colour or pretence whatsoever cause or suffer their Mandates to be executed by any Messengers or Substitutes unless it be upon some good cause to be first known and approved by the Ordinary of the place Moreover they shall not take upon them the Office of Promoters or Informers for the Court neither shall they exact more or greater Fees than are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the fore said limitation or any of the said Apparitors shall offend in any of the Premisses the Persons deputing them if they be Bishops shall upon Admonition of their Superiour discharge the Persons exceeding the number so limited If inferiour Ordinaries they shall be suspended from the execution of their Office until they have dismissed the Apparitors by them so deputed and the Parties themselves so deputed shall for ever be removed from the Office of Apparitors and if being so removed they desist not from the exercise of their said Offices let them be punished by Ecclesiastical censures as persons contumacious Provided that if upon experience the number of the said Apparitors be too great in any Diocess in the judgment of the Archbishop of Canturbury for the time being they shall by him be so abridged as he shall think meet and convenient Authority of Synods CXXXIX A National Synod the Church Representative WHosoever shall hereafter affirm that the sacred Synod of this Nation in the Name of Christ and by the KING's Authority assembled is not the true Church of England by representation let him be Excommunicated and not restored until he repent and publickly revoke that his wicked Error CXL Synods conclude as well the absent as the present WHosoever shall affirm That no manner of person either of the Clergy or Laity not being themselves particularly assembled in the said sacred Synod are to be subject to the Decrees thereof in causes Ecclesiastical made and ratified by the Kings Majesties supream Authority as not having given their voices unto them let him be Excommunicated and not restored until he repent and publickly revoke that his wicked Error CXLI Depravers of the Synod censured WHosoever shall hereafter affirm That the sacred Synod 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 Ecclesiastical by the Kings Authority as aforesaid ought to be despised and contemned the same being ratified confirmed and enjoyed by the said Regal Power Supremacy and Authority let them be Excommunicated and not restored until they repent and publickly revoke that their wicked Error WE of our Princely inclination and Royal care for the maintenance of the present Estate and Government of the Church of England by the Laws of this our Realm now settled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed and finding the same such as We are perswaded will be very profitable not only to our Clergy but to the whole Church of this our Kingdom and to all the true members of it if they be well observed Have therefore Us our Heirs and lawful Successors of our special Grace certain Knowledge and meer Motion given and by these presents do give our Royal Assent according to the form of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and Constitutions and to all and every thing in them contained as they are before written And furthermore We do not only by our said Prerogative Royal and supream Authority in Causes Ecclesiastical ratifie confirm and establish by these our Letters Patents the said Canons Orders Ordinances and Constitutions and all and
God's Laws owe most Loyalty and Obedience afore and above all other Powers and Potentates in Earth II. Impugners of the King's Supremacy censured WHosoever shall hereafter affirm That the King's Majesty hath not the same Authority in Causes Ecclesiastical that the godly Kings had amongst the Jews and Christian Emperours of the Primitive Church or impeach any part of His Regal Supremacy in the said Causes restored to the Crown and by the Laws of this Realm therein established Let him be Excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and Publick Revocation of those his wicked Errors III. The Church of England a true and Apostolical Church WHosoever shall hereafter affirm That the Church of England by Law established under the King's Majesty is not a true and an Apostolical Church teaching and maintaining the Doctrine of the Apostles Let him be Excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and Publick Revocation of this his wicked Errour IV. Impugners of the Publick Worship of God established in the Church of England censured WHosoever shall hereafter affim That the Form of God's Worship in the Church of England established by Law and contained in the Book of Common Prayer and Administration of Sacraments is a corrupt superstitious or unlawful 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 Publick Revocation of such his wicked Errors V. Impugners of the Articles of Religion established in the Church of England censured WHosoever shall hereafter affirm That any of the Nine and thirty Articles agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the Year of our Lord God One thousand five hundred sixty two for avoiding diversities of Opinions and for the establishing of Consent touching true Religion are in any part superstitious or erroneous or such as he may not with a good Conscience subscribe unto Let him be Excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and publick Revocation of such his wicked Errors VI. Impugners of the Rites and Ceremonies established in the Church of England censured WHosoever shall hereafter affirm That the Rites and Ceremonies of the Church of England by Law established are wicked Antichristian or superstitious or such as being commanded by lawful Authority men who are zealously and godly affected may not with any good Conscience approve them use them or as occasion requireth subscribe unto them Let him be Excommunicated ipso facto and not restored until he repent and publickly revoke such his wicked Errors VII Impugners of the Government of the Church of England by Archbishops Bishops c. censured WHosoever shall hereafter affirm that the Government of the Church of England under His Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or repugnant to the Word of God Let him be Excommunicated ipso facto and so continue until he repent and publickly revoke such his wicked Errors VIII Impugners of the Form of consecrating and ordering Archbishops Bishops c. in the Church of England censured WHosoever shall hereafter affirm or teach That the Form and manner of making and consecrating Bishops Priests and Deacons containeth any thing in it that is repugnant to the Word of God or that they who are made Bishops Priests or Deacons in that Form are not lawfully made nor ought to be accounted either by themselves or others to be truly either Bishops Priests or Deacons until they have some other calling to those Divine Offices Let him be Excommunicated ipso facto not to be restored until he repent and publickly revoke such his wicked Errors IX Authors of Schism in the Church of England censured WHosoever shall hereafter separate themselves from the Communion of Saints as it is approved by the Apostles Rules in the Church of England and combine themselves together in a new Brother-hood accompting the Christians who are conformable to the Doctrine Government Rites and Ceremonies of the Church of England to be prophane and unmeet for them to joyn with in Christian Profession Let them be Excommunicated ipso facto and not restored but by the Archbishop after their Repentance and Publick Revocation of such their wicked Errors X. Maintainers of Schismaticks in the Church of England censured WHosoever shall hereafter affirm That such Ministers as refuse to subscribe to the Form and manner of God's Worship in the Church of England prescribed in the Communion Book and their Adherents may truly take unto them the Name of another Church not established by Law and dare presume to publish it That this their pretended Church hath of long time groaned under the Burthen of certain Grievances imposed upon it and upon 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 until they repent and pulickly revoke such their wicked Errors XI Maintainers of Conventicles censured WHosoever shall hereafter affirm or maintain That there are within this Realm other Meetings Assemblies or Congregations of the King 's born Subjects than such as by the Laws of this Land are held and allowed which may rightly challenge to themselves the Name of True and Lawful Churches Let him be Excommunicated and not restored but by the Archbishop after his Repentance and Publick Revocation of such his wicked Errors XII Maintainers of Constitutions made in Conventicles censured WHosoever shall hereafter affirm That it is lawful for any sort of Ministers and Lay-persons or of either of them to joyn together and make Rules Orders or Constitutions in Causes Ecclesiastical without the King's Authority and shall submit themselves to be ruled and governed by them Let them be Excommunicated ipso facto and not be restored until they repent and publickly revoke those their wicked and Anabaptistical Errors Of Divine Service and Administration of the SACRAMENTS XIII Due Celebration of Sundays and Holy-days ALL manner of Persons within the Church of England shall from henceforth celebrate and keep the Lord's Day commonly called Sunday and other Holy-days according to God's Holy Will and Pleasure and the Orders of the Church of England prescribed in that behalf that is in hearing the Word of God read and taught in private and publick Prayers in acknowledging their Offences to God and amendment of the same in reconciling themselves charitably to their Neighbours where displeasure hath been in oftentimes receiving the Communion of the Body and Blood of Christ in visiting of the poor and Sick using all godly and sober Conversation XIV The prescript Form of Divine Service to be used on Sundays and Holy-days THE Common Prayer shall be said or sung
Sunday of every Month requiring all the said Masters Fellows and Scholars and all the rest of the Students Officers and all other the Servants there so to be ordered that every one of them shall communicate four times in the Year at the least kneeling reverently and decently upon their Knees according to the Order of the Communion Book prescribed in that behalf XXIV Copes to be worn in Cathedral Churches by those that Administer the Communion IN all Cathedral and Collegiate Churches the holy Communion shall be administred upon principal Feast-days sometimes by the Bishop if he be present and sometimes by the Dean and at some times by a Canon or Prebendary the principal Minister using a decent Cope and being assisted with the Gospeller and Epistler agreeably according to the Advertisements published Ann. 7 Elizabethae The said Communion to be Administred at such times and with such limitation as is specified in the Book of Common-Prayer Provided that on such limitation by any construction shall be allowed of but that all Deans Wardens Masters or Heads of Cathedral and Collegiate Churches Prebendaries Canons Vicars Petty Canons Singing-men and all others of the Foundation shall receive the Communion four times yearly at the least XXV Surplices and Hoods to be worn in Cathedral Churches when there is no Communion IN the time o` Divine Service and Prayers in all Cathedral and Collegiate Churches when there is no Communion it shall be sufficient to wear Surplices saving that all Deans Masters and Heads of Collegiate Churches Canons and Prebendaries being Graduats shall daily at the times both of Prayer and Preaching wear with their Surplices such Hoods as are agreeable to their Degrees XXVI Notorious Offenders not to be admitted to the Communion NO Minister shall in any wise admit to the receiving of the holy Communion any of his Cure or Flock which be openly known to live in sin notorious without Repentance nor any who have maliciously and openly contended with their Neighbours until they shall be reconciled Nor any Churchwardens or Side-men who having taken their Oaths to present to their Ordinaries all such Publick Offences as they are particularly charged to enquire of in their several Parishes shall notwithstanding their said Oaths and that their faithful discharging of them is the chief means whereby publick Sins and Offences may be reformed and punished wittingly and willingly desperately and irreligiously incur the horrible Crime of Perjury either in neglecting or in refusing to present such of the said Enormities and Publick Offences as they know themselves to be committed in their said Parishes or are notoriously offensive to the Congregation there although they be urged by some of their Neighbours or by their Minister or by their Ordinary himself to discharge their Consciences by presenting of them and not to incur so desperately the said horrible Sin of Perjury XXVII Schismaticks not to be admitted to the Communion NO Minister when he celebrateth the Communion shall wittingly administer the same to any but to such as kneel under pain of Suspension nor under the like pain to any that refuse to be present at Publick Prayers according to the Orders of the Church of England nor to any that are common and notorious Depravers of the Book of Common-Prayer and Administration of the Sacraments and of the Orders Rites and Ceremonies therein prescribed or of any thing that is contained in any of the Articles agreed upon in the Convocation One thousand five hundred sixty and two or of any thing contained in the Book of ordering Priests and Bishops or to any that have spoken against and depraved His Majesty's Sovereign Authority in Causes Ecclesiastical except every such Person shall first acknowledge to the Minister before the Church-wardens his repentance for the same and promise by word if he cannot write that he will do so no more and except if he can write he shall first do the same under his Hand-writing to be delivered to the Minister and by him sent to the Bishop of the Diocess or Ordinary of the Place Provided That every Minister so repelling any as is specified either in this or in the next precedent Constitution shall upon complaint or being required by the Ordinary signifie the cause thereof unto him and therein obey his Order and Direction XXVIII Strangers not to be admitted to the Communion THE Church-wardens or Quest-men and their Assistants shall mark as well as the Minister whether all and every of the Parishioners come so often every Year to the holy Communion as the Laws and our Constitutions do require And whether any Strangers come often and commonly from other Parishes to their Church and shall shew their Minister of them lest perhaps they be admitted to the Lord's Table amongst others which they shall forbid and remit such home to their own Parish Churches and Ministers there to receive the Communion with the rest of their own Neighbours XXIX Fathers not to be Godfathers in Baptism nor Children not Communicants NO Parent shall be urged to be present nor be admitted to answer as Godfather for his own Child nor any Godfather or Godmother shall be suffered to make any other Answer or Speech than by the Book of Common-Prayer is prescribed in that behalf Neither shall any Person be admitted Godfather or Godmother to any Child at Christening or Confirmation before the said Person so undertaking hath received the holy Communion XXX The lawful use of the Cross in Baptism explained VVE are sorry that His Majesty's most Princely care and pains taken in the Conference at Hampton Court amongst many other Points touching this one of the Cross in Baptism hath taken no better effect with many but that still the use of it in Baptism is so greatly stuck at and impugned For the further declaration therefore of the true use of this Ceremony and for the removing of all such scruple as might any ways trouble the Consciences of them who are indeed rightly Religious following the royal Steps of our most worthy King because he therein followeth the Rules of the Scriptures and the Practice of the Primitive Church we do commend to all the true Members of the Church of England these our Directions and Observations ensuing First It is to be Observed That although the Jews and Ethnicks derided both the Apostles and the rest of the Christians for preaching and believing in him who was crucified upon the Cross yet all both Apostles and Christians were so far from being discouraged from their Profession by the Ignominy of the Cross as they rather rejoyced and triumphed in it Yea the holy Ghost by the mouths of the Apostles did honour the Name of the Cross being hateful among the Jews so far that under it he comprehended not only Christ crucified but the force effects and merits of his Death and Passion with all the Comforts Fruits and Promises which we receive or expect thereby Secondly The honour and dignity of the Name of the Cross begat
No Act to be sped but in open Court NO Chancellor Commissary Archdeacon Official or any other Person using Ecclesiastical Jurisdiction whosoever shall speed any judicial Act either of contentious or voluntary Jurisdiction except he have the ordinary Register of that Court or his lawful Deputy or if he or they will not or cannot be present then such Persons as by Law are allowed in that behalf to write or speed the same under pain of Suspension ipso facto CXXIV No Court to have more than one Seal NO Chancellor Commissary Archdeacon Official or any other exercising Ecclesiastical Jurisdiction shall without the Bishops Consent have any more Seals than one for the Sealing of all matters incident to his Office Which Seal shall always be kept either by himself or by his lawful Substitute exercising Jurisdiction for him and remaining within the Jurisdiction of the said Judge or in the City or principal Town of the County This Seal shall contain the Title of that Jurisdiction which every of the said Judges or their Deputies do execute CXXV Convenient places to be chosen for the keeping of Courts ALL Chancellors Commissaries Archdeacons Officials and all other exercising Ecclesiastical Jurisdiction shall appoint such meet places for the keeping of their Courts by the assignment or approbation of the Bishop of the Diocess as shall be convenient for Entertainment of those that are to make their appearance there and most indifferent for their travel And likewise they shall keep and end their Courts in such convenient time as every Man may return homewards in as due Season as may be CXXVI Peculiar and inferiour Courts to exhibit the original Copies of Wills into the Bishops Registry WHereas Deans Archdeacons Prebendaries Parsons Vicars and others exercising Ecclesiastical Jurisdiction claim Liberty to prove the last Wills and Testaments of Persons Deceased within their several Jurisdictions having no known nor certain Registers nor publick place to keep their Records in by reason whereof many Wills Rights and Legacies upon the Death or Change of such Persons and their private Notaries miscarry and cannot be found to the great prejudice of his Majesties Subjects We therefore order and enjoyn that all such Possessors and Exercisers of peculiar Jurisdiction shall once in every Year exhibite into the publick Registry of the Bishop of the Diocess or of the Dean and Chapter under whose Jurisdiction the said peculiars are every original Testament of every person in that time Deceased and by them proved in their several peculiar Jurisdictions or a true Copy of every such Testa ment examined subscribed and sealed by the peculiar Judge and his Notary Otherwise if any of them fail so to do the Bishop of the Diocess or Dean and Chapter unto whom the said Jurisdictions do respectively belong shall suspend the said Parties and every of them from the exercise of all such peculiar Jurisdiction until they have performed this our Constitution Judges Ecclesiastical and their Surrogates CXXVII The quality and Oath of Iudges NO Man shall hereafter be admitted a Chancellor Commissary or Official to exercise any Ecclesiastical Jurisdiction except he be of the full age of six and twenty Years at the least and one that is learned in the Civil and Ecclesiastical Laws and is at the least a Master of Arts or Batchelor of Law and is reasonably well practised in the Course thereof as likewise well affected and zealously bent to Religion touâ—hing whose Life and manners no evil example is had and except before he enter into or execute any such Office he shall take the Oath of the Kings supremacy in the presence of the Bishop or in the open Court and shall subscribe to the Articles of Religion agreed upon in the Convocation in the year one Thousand five Hundred sixty and two and shall also swear that he will to the uttermost of his Understanding deal uprightly and justly in his Office without respect or favour of Reward the said Oaths and Subscription to be recorded by a Register then present And likewise all Chancellors Commissaries Officials Registers and all other that do now possess or execute any places of Ecclesiastical Jurisdiction or Service shall before Christmas next in the Presence of the Archbishop of Bishop or in open Court under whom or where they exercise their Offices take the same Oaths and subscribe as before is said Or upon refusal so to do shall be suspended from the execution of their Offices until they shall take the said Oaths and subscribe as aforesaid CXXVIII The Quality of Surrogates NO Chancellor Commissary Arch-Deacon Official or any other person using Ecclesiastical Jurisdiction shall at any time substitute in their absence any to keep any Court for them except he be either a grave Minister and a Graduate or a licensed publick Preacher and a beneficed man near the place where the Courts are kept or a Batcheler of Law or a Master of Arts at least who hath some skill in the Civil and Ecclesiastical Law and is a favourer of true Religion and a man of modest and honest conversation under pain of suspension for every time that they offend therein from the execution of their Offices for the space of three months toties quoties And he likewise that is deputed being not qualified as is before expressed and yet shall presume to be a Substitute to any Judge and shall keep any Court as is aforesaid shall undergo the same censure in manner and form as is before expressed Proctors CXXIX Proctors not to retain Causes without the lawful Assignment of the parties NOne shall Procure in any Cause whatsoever unless he be thereunto constituted and appointed by the party himself either before the Judge and by Act in Court or unless in the beginning of the Suit he be by a true and sufficient Proxy thereunto warranted and enabled We call that Proxy sufficient which is strengthened and confirmed by some Authentical Seal the parties Approbation or at least his Ratification therewithal concurring All which Proxies shall be forthwith by the said Proctors exhibited into the Court and be safely kept and preserved by the Register in the publick Registry of the said Court. And if any Register or Proctor shall offend herein he shall be secluded from the exercise of his Office for the space of two months without hope of release or restoring CXXX Proctors not to retain Causes without the counsel of an Advocate FOR lessening and abridging the multitude of Suits and Contentions as also for preventing the complaints of Suiters in Courts Ecclesiastical who many times are overthrown by the over-sight and neglience or by the ignorance and insufficiency of Proctors and likewise for the furtherance and increase of Learning and the advancement of Civil and Canon Law following the laudable customs heretofore observed in the Courts pertaining to the Arch-bishop of Canterbury We will and ordain That no Proctor exercising in any of them shall entertain any Cause whatsoever and keep and retain the same