suffered to preach pendente lite LIIII The Licences of Preachers refusing Conformitie to be voyd IF any man licenced heretofore to preach by any Archbishop Bishop or by either of the Vniuersities shall at any time from henceforth refuse to conforme himselfe to the Lawes Ordinances and Rites Ecclesiasticall established in the Church of England he shall be admonished by the Bishop of the Diocesse or Ordinary of the place to submit himselfe to the vse and due exercise of the same And if after such admonition he doe not conforme himselfe within the space of one moneth We determine and decree That the licence of euery such Preacher shall thereupon bee vtterly voyde and of none effect LV. The forme of a Prayer to bee vsed by Preachers before their Sermons BEfore all Sermons Lectures and Homilies the Preachers Ministers shall moue the people to ioine with them in prayer in this forme or to this effect as briefly as conueniently they may Ye shal pray for Christs holy Catholike Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Maiestie our Soueraigne Lord IAMES King of England Scotland France and Ireland Defendour of the Faith Supreme Gouernour in these his Realmes and all other his Dominions and Countries ouer all persons in all causes aswell Ecclesiasticall as Temporall Ye shall also pray for our gracious Queene ANNE the Noble Prince HENRY and the rest of the King and Queenes Royall Issue Ye shall also pray for the Ministers of Gods holy word Sacraments aswell Archbishops and Bishops as other Pastours and Curates Ye shall also pray for the Kings most honourable Counsell and for all the Nobilitie and Magistrates of this Realme that all euery of these in their seuerall Callings may serue truely and painefully to the glory of God and the edifying and well gouerning of his people remembring the accompt that they must make Also yee shall pray for the whole Commons of this Realme that they may liue in true Faith and feare of God in humble obedience to the King and brotherly charitie one to another Finally let vs praise God for all those which are departed out of this life in the Faith of Christ and pray vnto God that wee may haue grace to direct our liues after their good example that this life ended wee may be made partakers with them of the glorious Resurrection in the life Euerlasting alwayes concluding with the Lords prayer LVI Preachers and Lecturers to reade diuine Seruice and administer the Sacraments twise a yeere at the least EVery Minister being possessed of a Benefice that hath Cure and Charge of soules although he chiefly attend to preaching and hath a Curate vnder him to execute the other duties which are to be performed for him in the Church and likewise euery other stipendarie Preacher that readeth any Lecture or Catechizeth or Preacheth in any Church or Chappell shall twise at the least euery yeere reade himselfe the diuine Seruice vpon two seuerall Sundayes publikely and at the vsuall times both in the Forenoone and Afternoone in the Church which he so possesseth or where he Readeth Catechizeth or Preacheth as is aforesaid and shal likewise as often in euery yeere administer the Sacraments of Baptisme if there be any to be baptized of the Lords Supper in such maner forme and with the obseruation of all such Rites and Ceremonies as are prescribed by the booke of Common prayer in that behalfe which if hee doe not accordingly performe then shall he that is possessed of a Benefice as before bee suspended and he thatis but aReader Preacher or Catechizer be remoued from his place by the Bishop of the Diocesse vntil he or they shal submit themselues to performe all the said duties in such mater and â—ort as before is prescribed LVII The Sacraments not to be refused at the hands of vnpreaching Ministers WHereas diuers Persons seduced by false Teachers doe refuse to haue their children baptized by a Minister that is no Preacher and to receiue the holy Communion at his hands in the same respect as though the vertue of those Sacraments did depend vpon his ability to preach Forasmuch as the doctrine both of Baptisme and of the Lords Supper is sufficiently set downe in the booke of Common prayer to bee vsed at the administration of the said Sacraments as nothing can be added vnto it that is material and necessary We doe require and charge euery such person seduced as aforesayd to reforme that their wilfulnesse and to submit himselfe to the order of the Church in that behalfe both the said Sacraments being equally effectual whether they be ministred by a Minister that is no Preacher or by one that is a Preacher And if any hereafter shal offend herein or leaue their owne Parish Churches in that respect and Communicate or causâ— their children to be Baptized in other Parishes abroad and will not bee mooued thereby to reforme that their error and vnlawfull course let them be presented to the Ordinarie of the place by the Minister Churchwardens and Sidemen or Questmen of the Parishes where they dwel and there receiue such punishment by Ecclesiasticall censures as such obstinacie doth worthily deserue that is Let them persisting in their wilfulnesse be suspended and then after a moneths further obstinacie Excommunicated And likewise if any Parson Vicar or Curate shal after the publishing hereof either receiue to the Communion any such persons which are not of his owne Church Parish or shall Baptize any of their children thereby strengthening them in their said errours Let him bee suspended and not released thereof vntill hee doe faithfully promise that hee will not afterwards offend therein LVIII Ministers reading Diuine Seruice and Administring the Sacraments to weare Surplisses and Graduats therewithall Hoods EVery Minister saying the publike Praiers or ministring the Sacraments or other Rites of the Church shall weare a decent and comely Surplisse with sleeues to be prouided at the charge of the Parish And if any question arise touching the matter decencie or comlinesse thereof the same shal be decided by the discretion of the Ordinary Furthermore such Ministers as are Graduats shall weare vpon their Surplisses at such times such Hoods as by the orders of the Vniuersities are agreeable to their degrees which no Minister shall weare being no Graduat vnder paine of suspension Notwithstanding it shal be lawfull for such Ministers as are not Graduats to weare vpon their Surplisses in stead of Hoods some decent Tippet of black so it be not silke LIX Ministers to Catechize euery Sunday EVery Parson Vicar or Curate vpon euery Sunday and Holy day before Euening prayer shall for halfe an houre or more examine and instruct the youth and ignorant persons of his Parish in the ten Commandements the Articles of the Beliefe
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
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
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
life contract Matrimonie with any other person And for the better obseruing of this last clause the said Sentence of Diuorce shall not be pronounced vntill the partie or parties requiring the same haue giuen good and sufficient caution securitie into the Court that they will not any way breake or trangresse the said restraint or prohibition CVIII The penaltie for Iudges offending in the premisses ANd if any Iudge giuing Sentence of Diuorce or Separation shall not fully keepe and obserue the premisses he shall be by the Archibishop of the Prouince or by the Bishop of the Diocesse suspended from the exercise of his Office for the space of a whole yere and the Sentence of Separation so giuen contrary to the forme aforesaid shal be held voyd to all intents and purposes of the Law as if it had not at all bene giuen or pronounced ¶ Ecclesiastical Courts belonging to the Iurisdiction of Bishops and Archdeacons and the proceedings in them CIX Notorious Crimes and Scandals to be certified into Ecclesiasticall Courts by presentment IF any offend their brethren either by Adulterie whoredome Incest or Drunkennesse or by Swearing Ribaldrie Vsurie or any other vncleannesse and wickednesse of life the Church-wardens or Questmen and Sidemen in their next Presentments to their Ordinaries shall faithfully present all and euery of the said offenders to the intent that they and euery of them may bee punished by the seueritie of the Lawes according to their deserts and such notorious offendours shall not be admitted to the holy Communion till they be reformed CX Schismaticks to be presented IF the Churchwardens or Questmen or Assistants doe or shall know any man within their Parish or elsewhere that is a hinderer of the word of God to bee read or sincerely Preached or of the execution of these our Constitutions or a fautor of any vsurped or forreine power by the Lawes of this Realme iustly reiected and taken away or a defender of Popish and erroneous doctrine they shall detect and present the same to the Bishop of the Diocesse or Ordinarie of the place to bee censured punished according to such Ecclesiastical Lawes as are prescribed in that behalfe CXI Disturbers of diuine Seruice to be presented IN all Visitations of Bishops and Archdeacons the Churchwardens or Questmen and Sidemen shall truely and personally present the names of all those which behaue themselues rudely or disorderly in the Church or which by vntimely ringing of Bels by walking talking or other noyse shall hinder the Minister or Preacher CXII Not Communicants at Easter to be presented THe Minister Church-wardens Questmen Assistants of euery Parish church and Chappell shall yeerely within fortie daies after Easter exhibite to the Bishop or his Chancellor the names and surnames of all the Parishioners aswell men as women which being of the age of sixteene yeeres receiued not the Communion at Easter before CXIII Ministers may present BEcause it often commeth to passe that the Churchwardens Sidemen Questmen and such other persons of the Laytie as are to take care for the suppressing of sinne and wickednesse in their seuerall Parishes as much as in them lieth by admonition reprehension denunciation to their Ordinaries doe forbeare to discharge their duties therein either through feare of their Superiours or through negligence more then were fit the licentiousnesse of these times considered Wee ordaine That hereafter euery Parson and Vicar or in the lawfull absence of any Parson or Vicar then their Curates and Substitutes may ioyne in euery presentment with the sayde Churchwardens Sidemen and the rest aboue mentioned at the times hereafter limited if they the said Churchwardens and the rest will present such enormities as are apparant in the Parish or if they wil not then euery such Parson and Vicar or in their absence as aforesaid their Curates may themselues present to their Ordinaries at such times and when else they thinke it meete all such crimes as they haue in charge otherwise as by them being the persons that should haue the chiefe care for the suppressing of sinne and impiety in their Parishes shall be thought to require due reformation Prouided alwayes that if any man confesse his secret and hidden sins to the Minister for the vnburthening of his conscience and to receiue spiritual consolation and ease of minde from him We do not any way binde the said Minister by this our Constitution but do straightly charge and admonish him that he do not at any time reueale make knowen to any person whatsoeuer any crime or offence so committed to his trust and secrecie except they bee such crimes as by the Lawes of this Realme his owne life may be called into question for concealing the same vnder paine of irregularitie CXIIII Ministers shall present Recusants EVery Parson Vicar or Curate shall carefully informe themselues euery yere hereafter how many Popish Recusants men women children aboue the age of thirteene yeeres and how many being popishly giuen who though they come to the Church yet doe refuse to receiue the Communion are inhabitants or make their abode either as Soiourners or common Guests in any of their seuerall Parishes and shall set downe their true names in writing if they can learne them or otherwise such names as for the time they cary distinguishing the absolute Recusants from halfe Recusants and the same so farre as they know or beleeue so distinguished set downe vnder their hands shall truely present to their Ordinaries before the Feast of the Natiuitie next ensuing vnder paine of suspension to bee inflicted vpon them by their said Ordinaries and so euery yeere hereafter vpon the like paine before the Feast of S. Iohn Baptist Also we ordaine that all such Ordinaries Chancellours Commissaries Archdeacons Officials and all other Ecclesiasticall Officers to whom the said presentments shall be exhibited shall likewise within one moneth after the receit of the same vnder paine of suspension by the Bishop from the execution of their Offices for the space of halfe a yere as often as they shall offend therein deliuer them or cause to be deliuered to the Bishop respectiuely who shall also exhibite them to the Archbishop within sixe weekes and the Archbishop to his Maiestie within other sixe weekes after he hath receiued the said presentments CXV Ministers and Churchwardens not to bee sued for Presenting WHereas for the reformation of criminous persons and disorders in euery Parish the Churchwardens Questmen Sidemen and such other Church Officers are sworne 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 Delinquents or their friends We doe admonish and exhort all Iudges both Ecclesiasticall and Temporall as they regard and reuerence the fearefull iudgement seate of the highest Iudge 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 presentment that hee shall make all the said presentments tending to the restraint of shamelesse impietie and considering that the rules both of Charitie and Gouernment doe presume that they did nothing therein of malice but for the discharge of their consciences CXVI Churchwardens not bound to Present oftner then twice a yeere NO Churchwardens Questmen or Side-men of any Parish shall bee inforced to exhibite their presentments to any hauing Ecclesiasticall Iurisdiction aboue once in euery yeere where it hath bene no oftner vsed nor aboue twise in any Diocesse whatsoeuer except it be at the Bishops Visitation For the which presentments of euery Parish Church or Chappell the Register of any Court where they are to be exhibited shall not receiue in one yeere aboue foure pence vnder paine for euery offence therein of suspension from the execution of his Office for the space of a moneth toties quoties Prouided alwayes that as good occasion shall require it shall be lawfull for euery Minister Churchwardens and Side-men to present offenders as oft as they shall thinke meete And likewise for any godly disposed person or for any Ecclesiasticall Iudge vpon knowledge or notice giuen vnto him or them of any enormious crime within his Iurisdiction to moue the Minister Churchwardens or Sidemen as they tender the glory of God and reformation of sinne to present the same if they shall finde sufficient cause to induce them thereunto that it may bee in due time punished and reformed Prouided that for these voluntarie presentments there be no Fee required or taken of them vnder the paine aforesaid CXVII Churchwardens not to be troubled for not presenting oftner then twise a yeere NO Churchwardens Questmen or Side-men shall be called or cited but onely at the said time or times before limited to appeare before any Ecclesiasticall Iudge whosoeuer for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiasticall lawes Neither shall they nor any of them after their presentments exhibited at any of those times be any further troubled for the same except vpon manifâ—st and euident proofe it may appeare that they did then willingly and wittingly omit to present some such publike crime or crimes as they knew to be committed or could not be ignorant that there was then a publike fame of them or vnlesse there be very iust cause to call them for the explanation of their former presentments In which case of wilfull omission their Ordinaries shall proceed against them in such sort as in causes of wilfull periury in a Court Ecclesiasticall it is alreadie by Law prouided CXVIII The old Churchwardens to make their Presentments before the new be sworne THe office of al Churchwardens and Side-men shall bee reputed euer hereafter to continue vntill the new Churchwardens that shall succeed them be sworne which shal be the first weeke after Easter or some weeke following according to the direction of the Ordinary Which time so appointed shall alwayes be one of the two times in euery yeere when the Minister and Churchwardens and Sidemen of euery Parish shall exhibite to their seuerall Ordinaries the presentments of such enormities as haue happened in their Parishes since their last presentments And this duetie they shall performe before the newly chosen Churchwardens and Sidemen be sworne and shall not be suffered to passe ouer the said presentments to those that are newly come into office and are by intendment ignorant of such crimes vnder paine of those censures which are appointed for the reformation of such dalliers and dispensers with their owne consciences and oathes CXIX Conuenient time to be assigned for framing Presentments FOr the auoyding of such inconueniences as heretofore haue happened by the hasty making of Billes of Presentments vpon the dayes of the Visitation and Synods it is ordered That alwayes hereafter euery Chancellor Archdeacon Commissary and Officiall and euery other person hauing Ecclesiasticall Iurisdiction at the ordinary time when the Churchwardens are sworne and the Archbishop and Bishops when he or they doe summon their Visitation shall deliuer or cause to be deliuered to the Churchwardens Questmen and Sidemen of euery Parish or to some of them such Bookes of Articles as they or any of them shall require for the yeere following the said Churchwardens Questmen and Sidemen to ground their Presentments vpon at such times as they are to exhibite them In which Booke shall be contained the forme of the oath which must be taken immediatly before euery such Presentment to the intent that hauing before hand time sufficient not onely to peruse and consider what their sayd oath shal be but the Articles also whereupon they are to ground their Presentments they may frame them at home both aduisedly and truely to the discharge of their owne conscienences after they are sworne as becommeth honest and godly men CXX None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina NO Bishop Chancellor Archdeacon Officiall or other Ecclesiasticall Iudge shall suffer any generall Processes of Quorum nomina to bee sent out of his Court except the names of all such as thereby are to be cited shal be first expresly entred by the hand of the Register or his Deputie vnder the said Processes and the sayd Processes and names be first subscribed by the Iudge or his Deputie and his Seale thereto affixed CXXI None to bee Cited into seuerall Courts for one crime IN places where the Bishop and Archdeacon doe by prescription or composition visite at seuerall times in one and the same yeere least for one and the selfe same fault any of his Maiesties Subiects should bee challenged molested in diuers Ecclesiastical Courts We order and appoint That euery Archdeacon or his Officiall within one moneth after the Visitation ended that yeere and the Presentments receiued shall certifie vnder his Hand and Seale to the Bishop or his Chancellor the names and Crimes of all such as are detected and presented in his said Visitation to the end the Chancellor shall thencefoorth forbeare to conuent any person for any Crime or cause so detected or presented to the Archdeacon And the Chancellor within the like time after the Bishops Visitation ended and Presentments receiued shall vnder his Hand and Seale signifie to the Archdeacon or his Official the names and Crimes of all such persons which shall be detected or presented vnto him in that Visitation to the same intent as is aforesaid And if these Officers shall not certifie each other as is here prescribed or after such certificate shall intermeddle with the crimes or persons detected and presented in each others Visitation then euery of them so offending shall be suspended from all exercise of his Iurisdiction by the Bishop of the Diocesse vntill he shall repay the costs and expences which the parties grieued haue bene at by that
vexation CXXII No sentence of depriuation or deposition to bee pronounced against a Minister but by the Bishop WHen any Minister is complained of in any Ecclesiasticall Court belonging to any Bishop of this Prouince for any Crime the Chancellor Commissarie Officiall or any other hauing Ecclesiastical Iurisdiction to whom it shall appertaine shal expedite the cause by Processes and other proceedings against him and vpon contumacie for not appearing shal first suspend him afterward his contumacie continuing Excommunicate him But if he appeare and submit himselfe to the course of Law then the matter being ready for Sentence and the merits of his offence exacting by Law either depriuation from his liuing or deposition from the Ministery no such sentence shall bee pronounced by any person whatsoeuer but only by the Bishop with the assistance of his Chancellor the Deane if they may conueniently bee had and some of the Prebendaries if the Court be kept neere the Cathedrall Church or of the Archdeacon if he may bee had conueniently and two other at the least graue Ministers and Preachers to be called by the Bishop when the Court is kept in other places CXXIII No Act to be sped but in open Court NO Chancellor Commissary Archdeacon Officiall or any other person vsing Ecclesiasticall Iurisdiction whosoeuer shall speed any iudiciall Act either of contentious or voluntary Iurisdiction except he haue the ordinary Register of that Court or his lawfull Deputy or if hee or they will not or cannot be present then such persons as by law are allowed in that behalfe to write or speede the same vnder paine of suspension ipso facto CXXIIII No Court to haue more then one Seale NO Chancellor Commissarie Archdeacon Official or any other exercising Ecclesiasticall Iurisdiction shal without the Bishops consent haue any mo Seales then one for the Sealing of all matters incident to his Office Which Seale shall alwayes be kept either by himselfe or by his lawfull Substitute exercising Iurisdiction for him and remaining within the Iurisdiction of the said Iudge or in the Citie or principall Towne of the Countie This Seale shall containe the title of that Iurisdiction which euery of the said Iudges or their Deputies doe execute CXXV Conuenient places to bee chosen for the keeping of Courts ALl Chancellors Commissaries Archdeacons Officials and all other exercising Ecclesiasticall Iurisdiction shall appoint such meete places for the keeping of their Courts by the assignement or approbation of the Bishop of the Diocesse as shall bee conuenient for entertainement of those that are to make their appearance there and most indifferent for their trauell And likewise they shall keepe and end their Courts in such conuenient time as euery man may returne homewards in as due season as may be CXXVI Peculiar and inferiour Courts to exhibite the originall copies of Willes into the Bishops Registrie WHereas Deanes Archdeacons Prebendaries Parsons Vicars others exercising Ecclesiasticall Iurisdiction claime libertie to proue the last Willes Testaments of persons deceased within their seuerall Iurisdictions hauing no knowen nor certaine Registers nor publike place to keepe their Records in by reason whereof many Willes Rights and Legacies vpon the death or change of such persons and their priuate Notaries miscarry and cannot bee found to the great preiudice of his Maiesties Subiects We therefore order and inioyne that all such Possessours Exercisers of peculiar Iurisdiction shall once in euery yeere exhibite into the publike Registrie of the Bishop of the Diocesse or of the Deane Chapter vnder whose Iurisdiction the said Peculiars are euery originall Testament of euery person in that time deceased and by them proued in their seuerall peculiar Iurisdictions or a true Copie of euery such Testament examined subscribed and sealed by the peculiar Iudge and his Notarie Otherwise if any of them faile so to doe the Bishop of the Diocesse or Deane and Chapter vnto whom the said Iurisdictions doe respectiuely belong shall suspend the said parties and euery of them from the exercise of all such peculiar Iurisdiction vntill they haue performed this our Constituion ¶ Iudges Ecclesiasticall and their Surrogates CXXVII The qualitie and oath of Iudges NO man shall hereafter be admitted a Chancellor Commissary or Official to exercise any Ecclesiasticall Iurisdiction except hee be of the full age of sixe and twentie yeeres at the least and one that is learned in the Ciuill and Ecclesiasticall Lawes and is at the least a Master of Arts or Bachelor of Law and is reasonably well practised in the course thereof as likewise well affected and zealously bent to Religion touching whose life and maners no euill example is had except before he enter into or execute any such Office hee shall take the oath of the Kings Supremacie in the presence of the Bishop or in the open Court and shall subscribe to the Articles of Religion agreed vpon in the Conuocation in the yeere one thousand fiue hundred sixtie and two and shall also sweare that he will to the vttermost of his vnderstanding deale vprightly and iustly in his Office without respect or fauour of reward the said oathes and subscription to be recorded by a Register then present And likewise all Chancellors Commissaries Officials Registers and all other that do now possesse or execute any places of Ecclesiasticall Iurisdiction or Seruice shall before Christmas next in the presence of the Archbishop or Bishop or in open Court vnder whom or where they exercise their Offices take the same oathes and subscribe as before is said or vpon refusall so to doe shall be suspended from the execution of their Offices vntill they shal take the said oathes and subscribe as aforesaid CXXVIII The qualitie of Surrogats NO Chancellor Commissary Archdeacon Officiall or any other person vsing Ecclesiasticall Iurisdiction shall at any time substitute in their absence any to keepe any Court for them except hee bee either a graue Minister and a Graduate or a licensed publike Preacher and a Beneficed man neere the place where the Courts are kept or a Bachelor of Law or a Master of Arts at least who hath some skill in the Ciuill and Ecclesiasticall Law and is a fauourer of true Religion and a man of modest and honest conuersation vnder paine of Suspension for euery time that they offend therein from the execution of their Offices for the space of three moneths Toties quoties And hee likewise that is Deputed being not qualified as is before expressed and yet shall presume to be a Substitute to any Iudge and shall keepe any Court as is aforesaid shal vndergoe the same censure in maner and forme as is before expressed ⧠Proctors CXXIX Proctors not to retaine Causes without the lawfull assignement of the parties NOne shall Procure in any cause whatsoeuer vnlesse he be thereunto constituted and appointed by the partie himselfe either before the Iudge and by Act in Court or vnlesse in the beginning of the Suit hee be by a true and sufficient
nor any Register of any Ecclesiasticall Courts nor any Minister belonging to any of the said Officers or Courts shal hereafter for any cause incident to their seueral Offices take or receiue any other or greater Fees then such as were certified to the most Reuerend Father in God Iohn late Archbishop of Canterburie in the yeere of our Lord God one thousand fiue hundred ninetie and seuen and were by him ratified and approued vnder paine that euery such Iudge Officer or Minister offending herein shall be suspended from the exercise of their seuerall Offices for the space of sixe moneths for euery such offence Alwayes prouided that if any question shall arise concerning the certaintie of the said Fees or any of them then those Fees shall be held for lawfull which the Archbishop of Canterburie for the time being shall vnder his hand approoue except the Statutes of this Realme before made doe in any particular case expresse some other Fees to be due Prouided furthermore that no Fee or money shall bee receiued either by the Archbishop or any Bishop or Suffragan either directly or indirectly for admitting of any into sacred Orders nor that any other person or persons vnder the said Archbishop Bishop or Suffragan shall for Parchment Writing Waxe Sealing or any other respect thereunto appertaining take aboue ten shillings vnder such paines as are already by Law prescribed CXXXVI A Table of the Rates of Fees to bee set vp in Courts and Registries WE do likewise constitute and appoint that the Registers belonging to euery such Ecclesiasticall Iudge shall place two Tables containing the seuerall Rates and Summes of all the said Fees one in the vsuall place or Consistorie where the Court is kept and the other in his Registrie both of them in such sort as euery man whom it concerneth may without difficultie come to the view and perusall thereof and take a Copie of them the same Tables to be so set vp before the Feast of the Natiuitie next ensuing And if any Register shall faile to place the said Tables according to the tenor hereof he shal be suspended from the execution of his Office vntil he cause the same to be accordingly done and the said Tables being once set vp if hee shall at any time remooue or suffer the same to be remooued hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for euery such offence be suspended from the exercise of his Office for the space of sixe moneths CXXXVII The whole Fees for shewing letters of Orders and other Licenses due but once in euery Bishops time FOrasmuch as a chiefe and principall cause and vse of Visitation is that the Bishop Archdeacon or other assigned to Visite may get some good knowledge of the State Sufficiencie and Abilitie of the Cleargie and other persons whom they are to Visite Wee thinke it conuenient that euery Parson Vicar Curate Schoolemaster or other person licenced whosoeuer doe at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibite vnto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoeuer to bee by the said Bishop either allowed or if there be iust cause disallowed and reiected and being by him approued to be as the Custome is signed by the Register and that the whole Fees accustomed to bee payed in the Visitations in respect of the premisses bee payed onely once in the whole time of euery Bishop and afterwards but halfe of the saide accustomed Fees in euery other Visitation during the said Bishops continuance ¶ Apparitors CXXXVIII The number of Apparitors restrained FOrasmuch as wee are desirous to redresse such abuses and aggrieuances as are saide to grow by Sumners or Apparitors Wee thinke it meete that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordaine that no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or haue more Apparitors to serue in their Iurisdictions respectiuely then either they or their predecessors were accustomed to haue thirtie yeeres before the publishing of these our present Constitutions All which Apparitors shall by themselues faithfully execute their Offices neither shall they by any colour or pretence whatsoeuer cause or suffer their Mandats to be executed by any Messengers or Substitutes vnlesse it bee vpon some good cause to be first knowen and approued by the Ordinarie of the place Moreouer they shall not take vpon them the office of Promoters or Informers for the Court neither shall they exact more or greater Fees then are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the foresaid limitation or any of the saide Apparitors shall offend in any of the premisses the persons deputing them if they be Bishops shall vpon admonition of their superiour discharge the persons exceeding the number so limitted if inferiour Ordinaries they shall be suspended from the execution of their Office vntill they haue dismissed the Apparitors by them so deputed the parties themselues so deputed shall for euer be remooued from the Office of Apparitors and if being so remoued they desist not from the exercise of their said Offices let them be punished by Ecclesiasticall censures as persons contumacious Prouided that if vpon experience the number of the said Apparitors be too great in any Diocesse in the iudgement of the Archbishop of Canterbury for the time being they shall by him be so abridged as hee shall thinke meete and conuenient ¶ Authoritie of Synodes CXXXIX A Nationall Synode the Church representatiue WHosoeuer shall hereafter affirme that the Sacred Synode of this Nation in the Name of CHRIST and by the Kings Authoritie assembled is not the true Church of ENGLAND by representation let him be Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXL Synodes conclude as well the absent as the present WHosoeuer shall affirme that no maner of person either of the Clergie or Laitie not being themselues particularly assembled in the said sacred Synode are to be subiect to the Decrees thereof in causes Ecclesiasticall made and ratified by the Kings Maiesties supreme Authoritie as not hauing giuen their voices vnto them let him bee Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXLI Deprauers of the Synode censured WHosoeuer shall hereafter affirme That the sacred Synode assembled as aforesaid was a company of such persons as did conspire together against godly and Religious professors of the Gospel and that therefore both they and their proceedings in making of Canons and Constitutions in causes Ecclesiasticall by the Kings authoritie as aforesaid ought to be despised and contemned the same being ratified confirmed and enioyned by the said Regall Power Supremacie and Authoritie let them be Excommunicated and not restored vntill they repent and publikely reuoke that wicked error WE of our princely inclination and Royall care for the maintenance of the present Estate and Gouernement of the Church of ENGLAND by the Lawes of this our Realme now setled and established hauing diligently with great contentment and comfort read and considered of all these their sayd Canons Orders Ordinances and Constitutions agreed vpon as is before expressed and finding the same such as Wee are perswaded will bee very profitable not onely to our Clergie but to the whole Church of this our kingdome and to all the true members of it if they be well obserued Haue therefore for Vs our Heires and lawfull Successours of our especiall Grace certaine Knowledge and meere Motion giuen and by these presents doe giue our Royall assent according to the forme of the sayd Statute or Acte of Parliament aforesayd to all and euery of the said Canons Orders Ordinances and Constitutions and to all and euery thing in them contained as they are before written And furthermore Wee doe not onely by our sayd Prerogatiue Royall and supreme Authoritie in causes Ecclesiasticall ratifie confirme and establish by these our Letters Patents the sayd Canons Orders Ordinances and Constitutions and all and euery thing in them contayned as is aforesayd but doe likewise propound publish and straightly enioyne and command by our sayd Authority and by these our Letters Patents the same to bee diligently obserued executed and equally kept by all our louing Subiects of this our kingdome both within the Prouince of CANTERBVRIE and YORKE in all points wherein they doe or may concerne euery or any of them according to this our will and pleasure hereby signified and expressed and 〈◊〉 likewise for the better obseruation of them euery Minister by what name or title soeuer he be called shall in the Parish Church or Chappell where he hath charge reade all the sayd Canons Orders Ordinances and Constitutions once euery yere vpon some Sundayes or Holy dayes in the afternoone before Diuine Seruice diuiding the same in such sort as that the one halfe may bee read one day and the other another day the Booke of the sayd Canons to be prouided at the charge of the Parish betwixt this and the Feast of the Natiuity of our Lord God next ensuing Straightly charging and commaunding all Archbishops Bishops and all other that exercise any Ecclesiasticall Jurisdiction within this Realme euery man in his place to see and procure so much as in them lieth all and euery of the same Canons Orders Ordinances and Constitutions to be in all poynts duely obserued not sparing to execute the â—ena 〈…〉 them seuerally mentioned vpon 〈…〉 that shal wittingly or wilfully breake or neglect to obserue the same as they tender the honour of God the peace of the Church the tranquilitie of the Kingdome and their dueties and seruice to Vs their King and Souereigne In witnesse c. ¶ Imprinted at London by ROBERT BARKER Printer to the Kings most Excellent Maiestie ANNO DOM. 1604.
and the practise of the Primitiue Church we do commend to al the true members of the Church of England these our directions obseruations ensuing First it is to be obserued that although the Iewes Ethnicks derided both the Apostles and the rest of the Christians for preaching and beleeuing in him who was crucified vpon the Crosse yet all both Apostles and Christians were so farre from beeing discouraged from their profession by the ignominie of the Crosse as they rather reioyced and triumphed in it Yea the holy Ghost by the mouthes of the Apostles did honour the Name of the Crosse being hatefull among the Iewes so farre that vnder it he comprehended not onely Christ crucified but the force effects and merits of his Death and Passion with all the comforts fruits and promises which wee receiue or expect thereby Secondlly the honour and dignitie of the Name of the Crosse begat a reuerend estimation euen in the Apostles times for ought that is knowen to the contrary of the signe of the Crosse which the Christians shortly after vsed in all their actions thereby making an outward shew profession euen to the astonishment of the Iewes that they were not ashamed to acknowledge him for their Lord and Sauiour who died for them vpon the Crosse And this signe they did not onely vse themselues with a kinde of glory when they met with any Iewes but signed therewith their children when they were Christned to dedicate them by that badge to his seruice whose benefits bestowed vpon them in Baptisme the name of the Crosse did represent And this vse of the signe of the Crosse in Baptisme was held in the Primitiue Church as well by the Greekes as the Latines with one consent and great applause At what time if any had opposed themselues against it they would certainely haue beene censured as enemies of the name of the Crosse consequently of Christs merits the signe whereof they could no better endure This continuall and generall vse of the signe of the Crosse is euident by many testimonies of the ancient Fathers Thirdly it must be confessed that in processe of time the signe of the Crosse 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 lawfull vse of it Nay so farre was it from the purpose of the Church of England to forsake and reiect the Churches of Italie France Spaine Germany or any such like Churches in all things which they helde and practised that as the Apologie of the Church of England confesseth it doth with reuerence retaine those Ceremonies which doe neither endammage the Church of God nor offende the minds of sober men and onely departed from them in those particular points wherein they were fallen both from themselues in their ancient integritie from the Apostolicall Churches which were their first founders In which respect amongst some other very ancient Ceremonies the signe of the Crosse in Baptisme hath bene retained in this Church both by the iudgement and practise of those reuerend Fathers and great Diuines in the dayes of King Edward the sixth of whom some constantly suffered for the profession of the trueth and others being exiled in the time of Queene Mary did after their returne in the beginning of the Reigne of our late dread Soueraigne continually defend and vse the same This resolution and practise of our Church hath beene allowed and approoued by the censure vpon the Communion Booke in King Edward the sixt his dayes and by the harmonie of confessions of latter yeeres because in deede the vse of this signe in Baptisme was euer accompanied here with such sufficient cautions and exceptions against all Popish Superstition and errour as in the like cases are either fit or conuenient First the Church of England since the abolishing of Poperie hath euer held and taught and so doth hold and teach still that the signe of the Crosse vsed in Baptisme is no part of the substance of that Sacrament For when the Minister dipping the Infant in Water or laying Water vpon the face of it as the maner also is hath pronounced these wordes I baptize thee in the Name of the Father and of the Sonne and of the holy Ghost the Infant is fully and perfectly baptized So as the signe of the Crosse being afterwards vsed doeth neither adde any thing to the vertue or perfection of Baptisme nor being omitted doeth detract any thing from the effect and substance of it Secondly it is apparant in the Communion Booke that the Infant baptized is by vertue of Baptisme before it be signed with the signe of the Crosse receiued into the Congregation of Christs flocke as a perfect member thereof and not by any power ascribed vnto the signe of the Crosse So that for the very remembrance of the Crosse which is very precious to all them that rightly beleeue in Iesu Christ and in the other respects mentioned the Church of England hath reteined still the signe of it in Baptisme following therein the Primitiue and Apostolicall Churches accounting it a lawful outward Ceremony honourable Badge whereby the Infant is dedicated to the seruice of him that died vpon the Crosse as by the words vsed in the Booke of Common prayer it may appeare Lastly the vse of the signe of the Crosse in Baptisme beeing thus purged from all Popish superstition and errour and reduced in the Church of England to the primary Institution of it vpon those true rules of Doctrine concerning things indifferent which are consonant to the word of God and the iudgements of all the ancient Fathers Wee hold it the part of euery priuate man both Minister and other reuerently to reteine the true vse of it prescribed by publike Authoritie considering that things of themselues indifferent doe in some sort alter their natures when they are either commanded or forbidden by a lawfull Magistrate and may not be omitted at euery mans pleasure contrary to the Law when they bee cōmanded nor vsed when they are prohibited ¶ Ministers their Ordination function and charge XXXI Foure solemne 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 bee vsed at the solemne ordering of Ministers to that purpose allotted certaine times in which onely sacred Orders might be giuen or conferred We following their holy and Religious example doe constitute decree That no Deacons or Ministers be made and ordained but onely vpon the Sundayes immediatly following Ieiunia quatuor temporum commonly called Ember weekes 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 bee done in the Cathedrall or Parish Church where the Bishop resideth and in the time of diuine Seruice in the presence not onely of the
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