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

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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
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
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
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
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
nor any Register of any Ecclesiasticall Courts nor any Minister belonging to any of the said Officers or Courts shal hereafter for any cause incident to their seueral Offices take or receiue any other or greater Fees then such as were certified to the most Reuerend Father in God Iohn late Archbishop of Canterburie in the yeere of our Lord God one thousand fiue hundred ninetie and seuen and were by him ratified and approued vnder paine that euery such Iudge Officer or Minister offending herein shall be suspended from the exercise of their seuerall Offices for the space of sixe moneths for euery such offence Alwayes prouided that if any question shall arise concerning the certaintie of the said Fees or any of them then those Fees shall be held for lawfull which the Archbishop of Canterburie for the time being shall vnder his hand approoue except the Statutes of this Realme before made doe in any particular case expresse some other Fees to be due Prouided furthermore that no Fee or money shall bee receiued either by the Archbishop or any Bishop or Suffragan either directly or indirectly for admitting of any into sacred Orders nor that any other person or persons vnder the said Archbishop Bishop or Suffragan shall for Parchment Writing Waxe Sealing or any other respect thereunto appertaining take aboue ten shillings vnder such paines as are already by Law prescribed CXXXVI A Table of the Rates of Fees to bee set vp in Courts and Registries WE do likewise constitute and appoint that the Registers belonging to euery such Ecclesiasticall Iudge shall place two Tables containing the seuerall Rates and Summes of all the said Fees one in the vsuall place or Consistorie where the Court is kept and the other in his Registrie both of them in such sort as euery man whom it concerneth may without difficultie come to the view and perusall thereof and take a Copie of them the same Tables to be so set vp before the Feast of the Natiuitie next ensuing And if any Register shall faile to place the said Tables according to the tenor hereof he shal be suspended from the execution of his Office vntil he cause the same to be accordingly done and the said Tables being once set vp if hee shall at any time remooue or suffer the same to be remooued hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for euery such offence be suspended from the exercise of his Office for the space of sixe moneths CXXXVII The whole Fees for shewing letters of Orders and other Licenses due but once in euery Bishops time FOrasmuch as a chiefe and principall cause and vse of Visitation is that the Bishop Archdeacon or other assigned to Visite may get some good knowledge of the State Sufficiencie and Abilitie of the Cleargie and other persons whom they are to Visite Wee thinke it conuenient that euery Parson Vicar Curate Schoolemaster or other person licenced whosoeuer doe at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibite vnto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoeuer to bee by the said Bishop either allowed or if there be iust cause disallowed and reiected and being by him approued to be as the Custome is signed by the Register and that the whole Fees accustomed to bee payed in the Visitations in respect of the premisses bee payed onely once in the whole time of euery Bishop and afterwards but halfe of the saide accustomed Fees in euery other Visitation during the said Bishops continuance ¶ Apparitors CXXXVIII The number of Apparitors restrained FOrasmuch as wee are desirous to redresse such abuses and aggrieuances as are saide to grow by Sumners or Apparitors Wee thinke it meete that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordaine that no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or haue more Apparitors to serue in their Iurisdictions respectiuely then either they or their predecessors were accustomed to haue thirtie yeeres before the publishing of these our present Constitutions All which Apparitors shall by themselues faithfully execute their Offices neither shall they by any colour or pretence whatsoeuer cause or suffer their Mandats to be executed by any Messengers or Substitutes vnlesse it bee vpon some good cause to be first knowen and approued by the Ordinarie of the place Moreouer they shall not take vpon them the office of Promoters or Informers for the Court neither shall they exact more or greater Fees then are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the foresaid limitation or any of the saide Apparitors shall offend in any of the premisses the persons deputing them if they be Bishops shall vpon admonition of their superiour discharge the persons exceeding the number so limitted if inferiour Ordinaries they shall be suspended from the execution of their Office vntill they haue dismissed the Apparitors by them so deputed the parties themselues so deputed shall for euer be remooued from the Office of Apparitors and if being so remoued they desist not from the exercise of their said Offices let them be punished by Ecclesiasticall censures as persons contumacious Prouided that if vpon experience the number of the said Apparitors be too great in any Diocesse in the iudgement of the Archbishop of Canterbury for the time being they shall by him be so abridged as hee shall thinke meete and conuenient ¶ Authoritie of Synodes CXXXIX A Nationall Synode the Church representatiue WHosoeuer shall hereafter affirme that the Sacred Synode of this Nation in the Name of CHRIST and by the Kings Authoritie assembled is not the true Church of ENGLAND by representation let him be Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXL Synodes conclude as well the absent as the present WHosoeuer shall affirme that no maner of person either of the Clergie or Laitie not being themselues particularly assembled in the said sacred Synode are to be subiect to the Decrees thereof in causes Ecclesiasticall made and ratified by the Kings Maiesties supreme Authoritie as not hauing giuen their voices vnto them let him bee Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXLI Deprauers of the Synode censured WHosoeuer shall hereafter affirme That the sacred Synode assembled as aforesaid was a company of such persons as did conspire together against godly and Religious professors of the Gospel and that therefore both they and their proceedings in making of Canons and Constitutions in causes Ecclesiasticall by the Kings authoritie as aforesaid ought to be despised and contemned the same being ratified confirmed and enioyned by the said Regall Power Supremacie and Authoritie let them be Excommunicated and not restored vntill they repent and publikely reuoke that wicked error WE of our princely inclination and Royall care for the maintenance of the present Estate and Gouernement of the Church of ENGLAND by the Lawes of this our Realme now setled and established hauing diligently with great contentment and comfort read and considered of all these their sayd Canons Orders Ordinances and Constitutions agreed vpon as is before expressed and finding the same such as Wee are perswaded will bee very profitable not onely to our Clergie but to the whole Church of this our kingdome and to all the true members of it if they be well obserued Haue therefore for Vs our Heires and lawfull Successours of our especiall Grace certaine Knowledge and meere Motion giuen and by these presents doe giue our Royall assent according to the forme of the sayd Statute or Acte of Parliament aforesayd to all and euery of the said Canons Orders Ordinances and Constitutions and to all and euery thing in them contained as they are before written And furthermore Wee doe not onely by our sayd Prerogatiue Royall and supreme Authoritie in causes Ecclesiasticall ratifie confirme and establish by these our Letters Patents the sayd Canons Orders Ordinances and Constitutions and all and euery thing in them contayned as is aforesayd but doe likewise propound publish and straightly enioyne and command by our sayd Authority and by these our Letters Patents the same to bee diligently obserued executed and equally kept by all our louing Subiects of this our kingdome both within the Prouince of CANTERBVRIE and YORKE in all points wherein they doe or may concerne euery or any of them according to this our will and pleasure hereby signified and expressed and 〈◊〉 likewise for the better obseruation of them euery Minister by what name or title soeuer he be called shall in the Parish Church or Chappell where he hath charge reade all the sayd Canons Orders Ordinances and Constitutions once euery yere vpon some Sundayes or Holy dayes in the afternoone before Diuine Seruice diuiding the same in such sort as that the one halfe may bee read one day and the other another day the Booke of the sayd Canons to be prouided at the charge of the Parish betwixt this and the Feast of the Natiuity of our Lord God next ensuing Straightly charging and commaunding all Archbishops Bishops and all other that exercise any Ecclesiasticall Jurisdiction within this Realme euery man in his place to see and procure so much as in them lieth all and euery of the same Canons Orders Ordinances and Constitutions to be in all poynts duely obserued not sparing to execute the ●ena 〈…〉 them seuerally mentioned vpon 〈…〉 that shal wittingly or wilfully breake or neglect to obserue the same as they tender the honour of God the peace of the Church the tranquilitie of the Kingdome and their dueties and seruice to Vs their King and Souereigne In witnesse c. ¶ Imprinted at London by ROBERT BARKER Printer to the Kings most Excellent Maiestie ANNO DOM. 1604.
yeere and many notwithstanding doe not receiue that Sacrament once in a yeere We doe require euery Minister to giue warning to his Parishioners publikely in the Church at Morning prayer the Sunday before euery time of his administring that holy Sacrament for their better preparation of themselues Which said warning We enioyne the sayd Parishioners to accept and obey vnder the penaltie and danger of the Law XXIII Students in Colledges to receiue the Communion foure times a yeere IN all Colledges and Halles within both the Vniuersities the Masters and Fellowes such especially as haue any Pupils shall be carefull that all their said Pupils and the rest that remaine amongst them be wel brought vp and throughly instructed in poynts of Religion that they doe diligently frequent publike Seruice and Sermons and receiue the holy Communion which we ordaine to be administred in all such Colledges and Halles the first or second Sunday of euery Moneth Requiring all the sayd Masters Fellowes and Schollers and all the rest of the Students Officers and all other the seruants there so to be ordered that euery one of them shall Communicate foure times in the yeere at the least kneeling reuerently and decently vpon their knees according to the order of the Communion Booke prescribed in that behalfe XXIIII Copes to be worne in Cathedral Churches by those that administer the Communion IN all Cathedrall and Collegiat Churches the holy Communion shall bee administred vpon principall Feast-dayes sometimes by the Bishop if he be present and sometimes by the Deane and at some times by a Canon or Prebendarie the principall Minister vsing a decent Coape and being assisted with the Gospeller and Epistler agreeably according to the Aduertisements published Anno 7. Elizabethae the said Communion to bee administred at such times and with such limitation as is specified in the Booke of Common prayer Prouided that no such limitation by any construction shall bee allowed of but that all Deanes Wardens Masters or Heads of Cathedrall and Collegiate Churches Prebendaries Canons Vicars Petticannons Singing-men and all others of the Foundation shall receiue the Communion foure times yeerely at the least XXV Surplisses and Hoods to bee worne in Cathedrall Churches when there is no Communion IN the time of Diuine Seruice and Prayers in all Cathedrall and Collegiat Churches when there is no Communion it shall bee sufficient to weare Surplisses sauing that all Deanes Masters and Heads of Collegiat Churches Canons and Prebendaries being Graduats shal daily at the times both of Prayer and Preaching weare with their Surplisses such Hoods as are agreeable to their degrees XXVI Notorious offendours not to bee admitted to the Communion NO Minister shal in any wise admit to the receiuing of the holy Communion any of his Cure or Flocke which bee openly knowen to liue in sinne notorious without repentance Nor any who haue maliciously and openly contended with their neighbours vntill they shall be reconciled Nor any Church-wardens or Sidemen who hauing taken their oathes to present to their Ordinaries all such publike offences as they are particularly charged to inquire of in their seuerall Parishes shall notwithstanding their said oathes and that their faithfull discharging of them is the chiefe meanes whereby publike sinnes and offences may be reformed and punished wittingly and willingly desperately and irreligiously incurre the horrible crime of Periurie either in neglecting or in refusing to present such of the sayd enormities and publike offences as they know themselues to be committed in their sayd Parishes or are notoriously offensiue to the Congregation there although they bee vrged by some of their neighbours or by their Minister or by their Ordinary himselfe to discharge their consciences by presenting of them and not to incurre so desperately the said horrible sinne of Periurie XXVII Schismaticks not to be admitted to the Cōmunion NO Minister when hee celebrateth the Communion shall wittingly administer the same to any but to such as kneele vnder paine of suspension nor vnder the like paine to any that refuse to bee present at publike Prayers according to the Orders of the Church of England nor to any that are common and notorious deprauers of the Booke of Common Prayer and administration of the Sacraments and of the Orders Rites and Ceremonies therein prescribed or of any thing that is conteined in any of the Articles agreed vpon in the Conuocation 1562. or of any thing conteined in the Book of ordering Priests and Bishops or to any that haue spoken against and depraued his Maiesties soueraigne Authoritie in causes Ecclesiasticall Except euery such person shall first acknowledge to the Minister before the Churchwardens his repentance for the same and promise by word if he cannot write that hee will doe so no more and except if he can write he shall first do the same vnder his hand-writing to bee deliuered to the Minister and by him sent to the Bishop of the Diocesse or Ordinarie of the place Prouided that euery Minister so repelling any as is specified either in this or in the next precedent Constitution shall vpon complaint or being required by the Ordinarie signifie the cause thereof vnto him and therein obey his Order and direction XXVIII Strangers not to be admitted to the Communion THe Churchwardens or Questmen and their Assistants shall marke aswell as the Minister whether all and euery of the Parishioners come so often euery yeere to the holy Communion as the Lawes 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 Lords Table amongst others which they shall forbid and remit such home to their owne parish Churches and Ministers there to receiue the Communion with the rest of their owne neighbours XXIX Fathers not to be Godfathers in Baptisme nor children not Communicants NO Parent shall bee vrged to bee present nor bee admitted to answere as Godfather for his owne child nor any Godfather or Godmother shal be suffred to make any other answere or speech then by the Booke of Common prayer is prescribed in that behalfe Neither shall any person be admitted Godfather or Godmother to any child at Christning or Confirmation before the said person so vndertaking hath receiued the holy Cōmunion XXX The lawfull vse of the Crosse in Baptisme explaned WEe are sorie that his Maiesties most princely care and paines taken in the Conference at Hampton Court amongst many other points touching this one of the Crosse in Baptisme hath taken no better effect with many but that still the vse of it in Baptisme is so greatly stuck at and impugned For the further declaration therfore of the true vse of this Ceremonie and for the remouing of all such scruple as might any wayes trouble the consciences of them who are indeed rightly religious following the royall steps of our most worthy King because he therein followeth the rules of the Scriptures