a reverend Estimation even in the Apostle's times for ought that is known to the contrary of the Sign of the Cross which the Christians shortly after used in all their Actions thereby making an outward shew and profession even to the Astonishment of the Jews That they were not ashamed to acknowledge him for their Lord and Saviour who died for them upon the Cross. And this Sign they did not only use themselves with a kind of glory when they met with any Jews but Signed therewith their Children when they were Christened to dedicate them by that badge to his Service whose Benefits bestowed upon them in Baptism the name of the Cross did represent And this use of the Sign of the Cross in Baptism was held in the Primitive Church as well by the Greeks as the Latins with one consent and great applause At what time if any had opposed themselves against it they would certainly have been censured as Enemies of the Name of the Cross and consequently of Christ's Merits the Sign whereof they could no better endure This continual and general use of the Sign of the Cross is evident by many Testimonies of the Ancient Fathers Thirdly It must be confessed that in process of Time the Sign of the Cross was greatly abused in the Church of Rome especially after that corruption of Popery had once possessed it But the abuse of a thing doth not take away the lawful use of it Nay so far was it from the purpose of the Church of England to forsake and reject the Churches of Italy France Spain Germany or any such like Churches in all things which they held and practised that as the Apology of the Church of England confesseth it doth with reverence retain those Ceremoniâ—s which do neither endamage the Church of God nor offend the minds of sober men and only departed from them in those particular Points wherein they were fallen both from themselves in their Ancient Integrity and from the Apostolical Churches which were their first Founders In which respect amongst some other very Ancient Ceremonies the Sign of the Cross in Baptism hath been retained in this Church both by the Judgment and Practice of those reverend Fathers and great Divines in the Days of King Edward the Sixth of whom some constantly suffered for the Profession of the Truth and others being exiled in the time of Queen Mary did after their return in the beginning of the Reign of our late Dread Sovereign continually defend and use the same This Resolution and Practice of our Church hath been allowed and approved by the censure upon the Communion Book in King Edward the Sixth his Days and by the Harmony of Confessions of later Years because indeed the use of this Sign in Baptism was ever accompanied here with such sufficient Cautions and Exceptions against all Popish Superstition and Error as in the like Cases are either fit or convenient First The Church of England since the abolishing of Popery hath ever held and taught and so doth hold and teach still That the Sign of the Cross used in Baptism is no part of the Substance of that Sacrament For when the Minister dipping the Infant in Water or laying Water upon the face of it as the manner also is hath pronounced these Words I baptize thee in the Name of the Father and of the Son and of the Holy Ghost the Infant is fully and perfectly Baptized So as the Sign of the Cross being afterwards used doth neither add any thing to the virtue and perfection of Baptism nor being omitted doth detract any thing from the Effect and Substance of it Secondly It is apparent in the Communion-Book that the Infant Baptized is by virtue of Baptism before it be Signed with the Sign of the Cross received into the Congregation of Christ's Flock as a perfect Member thereof and not by any power ascribed unto the Sign of the Cross. So that for the very remembrance of the Cross which is very precious to all them that rightly believe in Jesu Christ and in the other respects mentioned the Church of England hath retained still the Sign of it in Baptism following therein the Primitive and Apostolical Churches and accounting it a lawful outward Ceremony and honourable Badge whereby the Infant is dedicated to the Service of him that died upon the Cross as by the Words used in the Book of Common Prayer it may appear Lastly The use of the Sign of the Cross in Baptism being thus purged from all Popish Superstition and Error and reduced in the Church of England to the primary Institution of it upon those true Rules of Doctrine concerning things indifferent which are consonant to the Word of God and the Judgments of all the Ancient Fathers we hold it the part of every private man both Minister and other reverently to retain the true use of it prescribed by Publick Authority considering that things of themselves indifferent do in some sort alter their Natures when they are either commanded or forbidden by a lawful Magistrate and may not be omitted at every man's pleasure contrary to the Law when they be commanded nor used when they are prohibited Ministers their Ordination Function and Charge XXXI Four Solemn Times appointed for the making of Ministers FOrasmuch as the Ancient Fathers of the Church led by Example of the Apostles appointed Prayers and Fasts to be used at the Solemn ordering of Ministers and to that purpose allotted certain times in which only Sacred Orders might be given or conferred We following their holy and religious Example do constitute and decree That no Deacons or Ministers be made and ordained but only upon the Sundays immediately following Jejunia quatuor temporum commonly called Ember-weeks appointed in Ancient time for Prayer and Fasting purposely for this cause at their first Institution and so continued at this Day in the Church of England And that this be done in the Cathedral or parish-Parish-Church where the Bishop resideth and in the time of Divine Service in the presence not only of the Arch-deacon but of the Dean and two Prebendaries at the least or if they shall happen by any lawful cause to be lett or hindred in the presence of four other grave Persons being Masters of Arts at the least and allowed for Publick Preachers XXXII None to be made Deacon and Minister both in one Day THE Office of Deacon being a step or degree to the Ministery according to the Judgment of the Ancient Fathers and the Practice of the Primitive Church We do ordain and appoint That hereafter no Bishop shall make any Person of what qualities or gifts soever a Deacon and a Minister both together upon one day but that the order in that behalf prescribed in the Book of making and consecrating Bishops Priests and Deacons be strictly observed Not that always every Deacon should be kept from the Ministery for a whole Year when the Bishop shall find good cause to the contrary but that there being
and unlawful and consequently shall be dissolved as void from the beginning and the parties so married shall by course of Law be separated And the aforesaid Table shall be in every Church publickly set up and fixed at the charge of the Parish C. None to Marry under xxi years without their Parents Consent NO Children under the age of one and twenty years compleat shall contract themselves or marry without the consent of their Parents or of their Guardians and Governors if their Parents be deceased CI. By whom Licences to Marry without Banns shall be granted and to what sort of persons NO Faculty or Licence shall be henceforth granted for solemnization of Matrimony betwixt any parties without thrice open publication of the Banns according to the Book of Common Prayer by any person exercising any Ecclesiastical Jurisdiction or claiming any Priviledges in the right of their Churches but the same shall be granted only by such as have Episcopal Authority or the Commissary for Faculties Vicars general of the Archbishops and Bishops sede plena or sede vacante the Guardian of the Spiritualties or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively and unto such persons only as be of good state and quality and that upon good caution and security taken CII Security to be taken at the granting of such Licences and under what Conditions THE Security mentioned shall contain these Conditions First that at the time of the granting every such Licence there is not any impediment of precontract consanguinity affinity or other lawful cause to hinder the said Marriage Secondly that there is not any controversie or suit depending in any Court before any Ecclesiastical Judge touching any contract or Marriage of either of the said parties with any other Thirdly that they have obtained thereunto the express consent of their Parents if they be living or otherwise of their Guardians or Governours Lastly that they shall celebrate the said Matrimony publickly in the Parish Church or Chappel where one of them dwelleth and in no other place and that between the hours of eight and twelve in the forenoon CIII Oaths to be taken for the Conditions FOR the avoiding of all fraud and collusion in the obtaining of such Licences and Dispensations We further constitute and appoint That before any Licence for the celebration of Matrimony without publication of Banns be had or granted it shall appear to the Judge by the Oaths of two sufficient witnesses one of them to be known either to the Judge himself or to some other person of good reputation then present and known likewise to the said Judge that the express consent of the Parents or Parent if one be dead or Guardians or Guardian of the parties is thereunto had and obtained And furthermore that one of the parties personally swear that he believeth there is no let or impediment of precontract or kindred or alliance or of any other lawful cause whatsoever nor any suit commenced in any Ecclesiastical Court to bar or hinder the proceeding of the said Matrimony according to the tenor of the foresaid Licence CIV An Exception for those that are in Widowhood IF both the parties which are to Marry being in Widowhood do seek a Faculty for the forbearing of Banns then the clauses before mentioned requiring the Parents consents may be omitted but the Parishes where they dwell both shall be expressed in the Licence as also the Parish named where the Marriage shall be celebrated And if any Commissary for Faculties Vicars general or other the said Ordinaries shall offend in the Premisses or any part thereof he shall for every time so offending be suspended from the execution of his Office for the space of six months and every such Licence or Dispensation shall be held void to all effects and purposes as if there had never been any such granted and the parties marrying by vertue thereof shall be subject to the punishments which are appointed for clandestine Marriages CV No Sentence for Divorce to be given upon the sole confession of the Parties FOrasmuch as Matrimonial causes have been always reckoned and reputed amongst the weightiest and therefore require the greater caution when they come to be handled and debated in Judgment especially in Causes wherein Matrimony having been in the Church duly solemnized is required upon any suggestion or pretext whatsoever to be dissolved or annulled We do straitly charge and injoyn that in all proceedings to Divorce and Nullities of Matrimony good circumspection and Advice be used and that the truth may as far as is possible be sifted out by the deposition of witnesses and other lawful proofs and evictions and that credit be not given to the sole confession of the parties themselves howsoever taken upon Oath either within or without the Court. CVI. No Sentence for Divorce to be given but in open Court NO Sentence shall be given either for Separation a thoro mensa or for annulling of pretended Matrimony but in open Court and in the Seat of Justice and that with the knowledge and consent either of the Archbishop within his Province or of the Bishop within his Diocess or of the Dean of the Arches the Judge of the Audience of Canterbury or of the Vicars general or other principal Officials or sede vacante of the Guardians of the Spiritualties or other Ordinaries to whom of right it appertaineth in their several Jurisdictions and Courts concerning them only that are then dwelling under their Jurisdictions CVII In all Sentences for Divorce Bond to be taken for not marrying during each others life IN all Sentences pronounced only for Divorce and Separation a thoro mensa there shall be a caution and restraint inserted in the Act of the said Sentence That the parties so separated shall live chastly and continently neither shall they during each others life contract Matrimony with other person And for the better observation of this last clause the said Sentence of Divorce shall not be pronounced until the party or parties requiring the same have given good and sufficient caution and security into the Court that they will not any way break or transgress the said restraint or prohibition CVIII The penalty for Iudges offending in the Premisses AND if any Judge giving Sentence of Divorce or Separation shall not fully keep and observe the premisses he shall be by the Archbishop of the Province or by the Bishop of the Diocess suspended from the exercise of his Office for the space of a whole year and the Sentence of Separation so given contrary to the form aforesaid shall be held void to all intents and purposes of the Law as if it had not at all been given or pronounced Ecclesiastical Courts belonging to the Jurisdiction of Bishops and Arch-Deacons and the Proceedings in them CIX Notorious Crimes and Scandal to be certified into Ecclesiastical Coâ—rts by Preâ—entment IF any offend their brethren either by Adultery Whoredom Incest or Drunkenness or by
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
Swearing Ribbaldry Usury or any other uncleanness and wickedness of Life the Church wardens or Quest-men and Sidemen in their next presentments to their Ordinaries shall faithfully present all and every of the said offenders to the intent that they and every of them may be punished by the severity of the Laws according to their deserts and such notorious offenders shall not be adâ—â—tted to the holy Communion till they be reformed CX Schismaticks to be presented IF the Church-wardens or Quest-men or Assistants do or 〈…〉 any man within their parish or elsewhere that is a hindereâ—… 〈◊〉 the Word of God to be read or sincerely preached or of the 〈…〉 these our Constitutions or a factour of any usurped or foreign 〈◊〉 by the Laws of this Realm justly rejected and taken away or a 〈…〉 Popish and erroneous Doctrin they shall detect and present the same to the Bishop of the Diocess or Ordinary of the place to be censured and punished according to such Ecclesiastical Laws as are prescribed in that behalf CXI Disturbers of Divine Service to be presented IN all Visitations of Bishops and Arch-Deacons the Church-wardens or Quest-men and Sidemen shall truly and personally present the names of all those which behave themselves rudely and disorderly in the Church or which by untimely Ringing of the Bells by walking talking or other noise shall hinder the Minister or Preacher CXII Not Communicants at Easter to be presented THE Minister Church-wardens Quest-men and Assistants of every Parish Church and Chappel shall yearly within forty days after Easter exhibit to the Bishop or his Chancellor the names or Sirnames of all the parishioners as well men as women which being of the age of sixteen years received not the Communion at Easter before CXIII Ministers may present BEcause it often cometh to pass that the Church-wardens Sidemen Quest-men and such other persons of the Layity as are to take care for the suppressing of sin and wickedness in their several Parishes as much as in them lieth by admonition reprehension and denunciation to their Ordinaries do forbear to discharge their duties therein either through fear of their Superiors or through negligence more then were fit the Licentiousness of these times considered We ordain That hereafter every Parson and Vicar or in the lawful absence of any Parson or Vicar then their Curates and Substitutes may joyn in every presentment with the said Church-wardens Sidemen and the rest above mentioned at the times hereafter limited if they the said Church-wardens and the rest will present such enormities as are apparent in the Parish or if they will not then every such Parson and Vicar or in their absence as aforesaid their Curates may themselves present to their Ordinaries at such times and when else they think it meet all such crimes as they have in charge or otherwise as by them being the persons that should have the chief care for the suppressing of sin and impiety in their Parishes shall be thought to require due Reformation Provided always that if any man confess his secret and hidden sins to the Minister for the unburthening of his conscience and to receive spiritual consolation and ease of mind from him We do not any way bind the said Minister by this our Constitution but do straitly charge and admonish him that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secrecy except they be such crimes as by the Laws of this Realm his own life may be called into question for concealing the same under pain of irrgularity CXIV Ministers shall present Recusants EVery Parson Vicar or Curate shall carefully inform themselves every Year hereafter how many Popish Recusants Men Women and Children above the age of thirteen Years and how many being Popishly given who though they come to the Church yet do refuse to receive the Communion are Inhabitants or make their abode either as Sojourners or common Guests in any of their several Parishes and shall set down their true Names in writing if they can learn them or otherwise such names as for the time they carry distinguishing the obsolute Recusants from half Recusants and the same so far as they know or believe so distinguished and set down under their Hands shall truly present to their Ordinaries before the Feast of the Nativity next ensuing under pain of Suspension to be inflicted upon them by their said Ordinaries and so every year hereafter upon the like Pain before the Feast of St. John Baptist. Also we ordain That all such Ordinaries Chancellors Commissaries Arch-deacons Officials and all other Ecclesiastical Officers to whom the said Presentments shall be exhibited shall likewise within one Month after the Receipt of the same under pain of Suspension by the Bishop from the Execution of their Offices for the space of half a Year as often as they shall offend therein deliver them or cause to be delivered to the Bishop respectively who shall also exhibit them to the Archbishop within six Weeks and the Archbishop to his Majesty within other six Weeks after he hath received the said Presentments CXV Ministers and Churchwardens not to be sued for Presenting VVHereas for the Reformation of Criminous persons and disorders in every Parish the Churchwardens Questmen Sidemen and such other Church Officers are sworn and the Minister charged to present as well the Crimes and Disorders committed by the said Criminous persons as also the common Fame which is spread abroad of them whereby they are often maligned and sometimes troubled by the said Dilinquents or their Friends We do admonish and exhort all Judges both Ecclesiastical and Temporal as they regard and reverence the fearful judgment-seat of the highest Judge that they admit not in any of their Courts any Complaint Plea Suit or Suits against any such Churchwarden Questmen Sidemen or other Church-Officers for making any such presentments nor against any Minister for any presâ—ntment that he shall make all the said presentments tending to the restraint of shameless Impiety and considering that the Rules both of Charity and Government do presume that they did nothing therein of Malice but for the discharge of their Consciences CXVI Churchwardens not bound to present oftner than twice a Year NO Churchwardens Questmen or Sidemen of any Parish shall be inforced to exhibit their Presentments to any having Ecclesiastical Jurisdiction above once in every Year where it hath been no oftner used nor above twice in any Diocess whatsoever except it be at the Bishops Visitation For the which presentments of every Parish Church or Chappel the Register of any Court where they are to be Exhibited shall not receive in one Year above four pence under pain for every offence therein of Suspension from the Execution of his Office for the space of a Month toties quoties Provided always that as good occasion shall require it shall be lawful for every Minister Churchwardens and Sidemen to present
offenders as oft as they shall think meet And likewise for any godly disposed Person or for any Ecclesiastical Judge upon knowledge or notice given unto him or them of any enormous Crime within his Jurisdiction to move the Minister Churchwardens or Sidemen as they tender the Glory of God and Reformation of Sin to present the same if they shall find sufficient cause to induce them thereunto that it may be in due time punished and reformed Provided that for these voluntary presentments there be no Fee required or taken of them under the pain aforesaid CXVII Churchwardens not to be troubled for not presenting oftner then twice a year NO Church-wardens Quest-men or Side-men shall be called or cited but only at the said time or times before limited to appear before any Ecclesiastical Judge whosoever for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiastical Laws Neither shall they nor any of them after their presentments exhibited at any of those times be any further troubled for the same except upon manifest and evident proof it may appear that they did then willingly and wittingly omit to present some such publick crime or crimes as they knew to be committed or could not be ignorant that there was then a publick fame of them or unless there be very just cause to call them for the explanation of their former presentments In which case of wilful omission their Ordinaries shall proceed against them in such sort as in causes of wilful Perjury in a Court Ecclesiastical it is already by Law provided CXVIII The old Churchwardens to make their Presentments before the new be sworn THe Office of all Church-wardens and Side-men shall be reputed ever hereafter to continue until the new Church-wardens that shall succeed them be sworn which shall be the first week after Easter or some week following according to the direction of the Ordinary Which time so appointed shall always be one of the two times in every year when the Minister and Church-wardens and Side-men of every Parish shall exhibit to their several Ordinaries the presentments of such enormities as have hapned in their Parishes since their last Presentments And this duty they shall perform before the newly chosen Church-wardens and Side-men be sworn and shall not be suffered to pass over the said presentments to those that are newly come into Office and are by intendment ignorant of such crimes under pain of those censures which are appointed for the reformation of such dalliers and dispencers with their own Consciences and Oaths CXIX Convenient time to be assigned for framing Presentments FOr the avoiding of such inconveniences as heretofore have happened by the hasty making of Bills of Presentments upon the days of the Visitation and Synods it is ordered That always hereafter every Chancellor Archdeacon Commissary and Official and every other person having Ecclesiastical Jurisdiction at the ordinary time when the Church-wardens are sworn and the Archbishop and Bishops when he or they do summon their Visitation shall deliver or cause to be delivered to the Church-wardens Quest-men and Side-men of every Parish or to some of them such Books of Articles as they or any of them shall require for the year following the said Church-wardens Quest-men and Side-men to ground their presentments upon at such times as they are to exhibit them In which Book shall be contained the form of the Oath which must be taken immediately before every such presentment to the intent that having beforehand time sufficient not only to peruse and consider what their said Oath shall be but the Articles also whereupon they are to ground their Presentments they may frame them at home both advisedly and truly to the discharge of their own Consciences after they are sworn as becometh honest and godly men CXX None to be cited into Ecclesiastical Courts by Process of Quorum nomina NO Bishop Chancellor Archdeacon Official or other Ecclesiastical Judge shall suffer any general Processes of Quorum nomina to be sent out of his Court except the names of all such as thereby are to be cited shall be first expresly entered by the hand of the Register or his Deputy under the said Processes and the said Processes and names be first subscribed by the Judge or his Deputy and his Seal thereto affixed CXXI None to be cited into several Courts for one Crime IN places where the Bishop and Archdeacon do by prescription or composition visit at several times in one and the same year lest for one and the self same fault any of his Majesties Subjects should be challenged and molested in divers Ecclesiastical Courts We order and appoint That every Archdeacon or his Official within one month after the Visitation ended that year and the presentments received shall certifie under his Hand and Seal to the Bishop or his Chancellor the names and crimes of all such as are detected and presented in his said Visitation to the end the Chancellor shall thenceforth forbear to convent any person for any crime or cause so detected or presented to the Archdeacon And the Chancellor within the like time after the Bishops Visitation ended and Presentments received shall under his Hand and Seal signifie to the Archdeacon or his Official the names and crimes of all such persons which shall be detected or presented unto him in that Visitation to the same intent as is aforesaid And if these Officers shall not certifie each other as is here prescribed or after such Certificate shall intermeddle with the crimes or persons detected and presented in each other Visitation then every of them so offending shall be suspended from all exercise of his Jurisdiction by the Bishop of the Diocess until he shall repay the costs and expences which the parties grieved have been at by that vexation CXXII No Sentence of Deprivation or Deposition to be pronounced against a Minister but by the Bishop WHEN any Minister is complained of in any Ecclesiastical Court belonging to any Bishop of his Province for any Crime the Chancellor Commissary Official or any other having Ecclesiastical Jurisdiction to whom it shall appertain shall expedite the cause by Processes and other proceedings against him and upon contumacy for not appearing shall first suspend him and afterwards his Contumacy continuing excommunicate him But if he appear and submit himself to the Course of Law then the matter being ready for Sentence and the merits of his offence exacting by Law either deprivation from his Living or deposition from the Ministry no such Sentence shall be pronounced by any Person whosoever but only by the Bishop with the assistance of his Chancellor the Dean if they may conveniently be had and some of the Prebendaries if the Court be kept near the Cathedral Church or of the Arch-deacon if he may be had conveniently and two other at the least grave Ministers and Preachers to be called by the Bishop when the Court is kept in other places CXXIII
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
Licensed before others 36 79 The Duty of School-Masters ib. Things appertaining to Churches 80 THe great Bible and Book of Common Prayer to be had in every Church 36 81 A Font of Stone for Baptism in every Church 37 82 A decent Communion Table in every Church ib. 83 A Pulpit to be provided in every Church 38 84 A Chest for Alms in every Church ib. 85 Churches to be kept in sufficient reparation ib. 86 Churches to be surveyed and the decays certified to the High Commissioners 39 87 A Terrier of Glebe-lands and other Possessions belongin to Churches ib. 88 Churches not to be Prophaned 40 Church-wardens or Quest-men and Side-men or Assistants 89 THe choice of Churchwardens and their accompt 40 90 The choice of Sidemen and their joynt Office with Church-wardens ib. Parish Clerks 91 PArish Clerks to le chosen by the Minister 41 Ecclesiastical Courts belonging to the Archbishops Jurisdiction 92 NOne to be cited into divers Courts for probate of the same Will 41 93 The rate of Bona notabilia liable to the Prorogative Court 43 94 None to be cited into the Arches or Audience but dwellers within the Archbishops Diocess or Peculiars ib. 95 The Restraint of double Quarrels 44 96 Inhibitions not to be granted without the subscription of an Advocate ib. 97 Inhibitions not to be granted until the Appeal be exhibited to the Iudge 45 98 Inhibitions not to be granted to factious Appellants unless they first subscribe ib. 99 None to marry within the Degrees prohibited 46 100 None to Marry under xxi years without their Parents Consent ib. 101 By whom Licences to Marry without Banns shall be granted and to what sort of persons ib. 102 Security to be taken at the granting of such Licences and under what Conditions 47 103 Oaths to be taken for the Conditions ib. 104 An Exception for those that are in Widdowhood ib. 105 No Sentence for Divorce to be given upon the sole confession of the Parties 48 106 No Sentence for Divorce to be given but in open Court ib. 107 In all Sentences for Divorce Bond to be taken for not marrying during each others life ib. 108 The penalty for Iudges offending in the Premisses 49 Ecclesiastical Courts belonging to the Jurisdiction of Bishops and Arch-Deacons and the Proceedings in them 109 NOtorious Crimes and Scandal to be certified into Ecclesiastical Courts by Presentment 49 110 Schismaticks to be presented ib. 111 Disturbers of Divine Service to be presented 50 112 Not Communicants at Easter to be presented ib. 113 Ministers may persent ib. 114 Ministers shall present Recusants 51 115 Ministers and Churchwardens not to be sued for Presenting ib. 116 Churchwardens not bound to present oftner than twice a Year 52 117 Churchwardens not to be troubled for not presenting oftner then twice a year ib. 118 The old Church-wardens to make their Presentments before the new be sworn 53 119 Convenient time to be assigned for framing Presentments ib. 120 None to be cited into Ecclesiastical Courts by Process of Quorum nomina 54 121 None to be cited into several Courts for one Crime ib. 122 No Sentence of Deprivation or Deposition to be pronounced against a Minister but by the Bishop 55 123 No Act to be sped but in open Court ib. 124 No Court to have more than one Seal ib. 125 Convenient places to be chosen for the keeping of Courts 56 126 Peculiar and inferiour Courts to exhibit the Original Copies of Wills into the Bishops Registry ib. Judges Eccleslastical and their Surrogates 127 THe quality and Oath of Iudges 56 128 The Quality of Surrogates 57 Proctors 129 PProctors not to retain Causes without the lawful Assignment of the parties 58 130 Proctors not to retain Causes without the counsel of an Advocate ib. 131 Proctors not to conclude in any cause without the knowledge of an Advocate 59 132 Proctors pohibited the Oath In Animam Domini sui ib. 133 Proctors not to be clamorous in Court 60 Registers 134 A Buses to be reformed in Registers 60 135 A certain rate of Fees due to all Ecclesiastical Officers 61 136 A Table of the Rates and Fees to be set up in Courts and Registers 62 137 The whole Fees for shewing Letters of Orders and other Licences due but once in every Bishops time ib. Apparitors 138 THe number of Apparitors restrained 63 Authority of Synods 139 A National Synod the Church representative 64 140 Synods conclude as well the absent as the present ib. 141 Depravers of the Synod censured ib. FINIS