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
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-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
be thereunto admitted unless he first consent and subscribe to the three Articles before mentioned in the presence of the Bishop of the Diocess wherein he is to Preach Read Lecture Catechise or Administer the Sacraments as aforesaid XXXVIII Revolters after Subscription censured IF any Minister after he hath once subscribed to the said three Articles shall omit to use the Form of Prayer or any of the Orders or Ceremonies prescribed in the Communion-Book let him be suspended and if after a Month he do not reform and submit himself let him be excommunicated and then if he shall not submit himself within the space of another Month let him be deposed from the Ministery XXXIX Cautions for Institution of Ministers into Benefices NO Bishop shall institute any to a Benefice who hath been Ordained by any other Bishop except he first shew unto him his Letters of Orders and bring him a sufficient Testimony of his former good Life and Behaviour if the Bishop shall require it and lastly shall appear upon due Examination to be worthy of his Ministery XL. An Oath against Simony at Institution into Benefices TO avoid the detestable sin of Simony because buying and selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Livings is execrable before God therefore the Arch-Bishop and all and every Bishop or Bishops or any other Person or Persons having Authority to Admit Institute Collate Install or to Confirm the Election of any Archbishop Bishop or other Person or Persons to any Spiritual or Ecclesiastical Function Dignity Promotion Title Office Jurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical Living whatsoever shall before every such Admission Institution Collation Installation or Confirmation of Election respectively minister to every Person hereafter to be Admitted Instituted Collated Installed or Confirmed in or to any Archbishoprick Bishoprick or other Spiritual or Ecclesiastical Function Dignity Promotion Title Jurisdiction Place or Benefice with Cure or without Cure or in or to any Ecclesiastical Living whatsoever this Oath in Manner and Form following the same to be taken by every one whom it concerneth in his own Person and not by a Proctor IN. N. do swear That I have made no Simoniacal Payment Contract or Promise directly or indirectly by my self or by any other to my Knowledge or with my Consent to any Person or Persons whatsoever for or concerning the Procuring and Obtaining of this Ecclesiastical Dignity Place Preferment Office or Living respectively and particularly naming the same whereunto he is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perform or satisfie any such kind of Payment Contract or Promise made by any other without my knowledge or consent So help me God through Jesus Christ. XLI Licences for Plurality of Benefices limited and Residence enjoined NO Licence or Dispensation for the keeping of more Benfices with Cure than one shall be granted to any but such only as shall be thought very well worthy for his Learning and very well able and sufficient to discharge his Duty that is who shall have taken the Degrce of a Master of Arts at the least in one of the Universities of this Realm and be a publick and sufficient Preacher Licensed Provided always That he be by a good and sufficient Caution bound to make his personal Residence in each his said Benefices for some reasonable time in every year And that the said Benefices be not more than thirty miles distant asunder and lastly that he have under him in the Benefice where he doth not reside a Preacher lawfully allowed that is able sufficiently to teach and instruct the People XLII Residence of Deans in their Churches EVery Dean Master or Warden or chief Governour of any Cathedral or Collegiate Church shall be resident in his said Cathedral or Collegiate Church fourscore and ten days Conjunction or Divisim in every Year at the least and then shall continue there in Preaching the Word of God and keeping good Hospitality except he shall be otherwise let with weighty and urgent Causes to be approved by the Bishop of the Diocess or in any other lawful sort dispensed with And when he is is present He with the rest of the Canons or Prebendaries resident shall take special Care that the Statutes and laudable Customs of their Church not being contrary to the Word of God or Prerogative Royal The Statutes of this Realm being in force concerning Ecclesiastical Order and all other Constitutions now set forth and confirmed by his Majesty's Authority and such as shall be lawfully enjoyned by the Bishop of the Diocess in his Visitation according to the Statutes and Customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed and that the petty Canons Vicars choral and other Ministers of their Church be urged to the Study of the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin XLIII Deans and Prebendaries to Preach during their Residence THE Dean Master Warden or chief Governour Prebendaries and Canons in every Cathedral and Collegiate Church shall not only Preach there in their own Persons so often as they are bound by Law Statute Ordinance or Custom but shall likewise Preach in other Churches of the same Diocess where they are Resident and especially in those Places whence they or their Church receive any yearly Rents or Profits And in case they themselves be sick or lawfully absent they shall substitute such licensed Preachers to supply their turns as by the Bishop of the Diocess shall be thought meet to Preach in Cathedral Churches And if any otherwise neglect or omit to supply his Course as is aforesaid the Offender shall be punished by the Bishop or by him or them to whom the Jurisdiction of that Church appertaineth according to the Quality of the Offence XLIV Prebendaries to be resident upon their Benefices NO Prebendaries nor Canons in Cathedral or Collegiate Churches having one or more Benefices with Cure and not being Residentiaries in the same Cathedral or Collegiate Churches shall under colour of their said Prebends absent themselves from their Benefices with Cure above the space of one Month in the Year unless it be for some urgent Cause and certain time to be allowed by the Bishop of the Diocess And such of the said Canons and Prebendaries as by the Ordinances of the Cathedral or Collegiate Churches do stand bound to be Resident in the same shall so among themselves sort and proportion the times of the Year concerning Residence to be kept in the said Churches as that some of them always shall be personally Resident there and that all those who be or shall be Residentiaries in any Cathedral or Collegiate Church shall after the days of their Residency appointed by their local Statutes or Customs expired presently repair to their Benefices or some one of them or to some other charge where the
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
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
now four times appointed in every Year for the Ordination of Deacons and Ministers there may ever be some time of trial of their behaviour in the Office of Deacon before they be admitted to the Order of Priesthood XXXIII The Titles of such as are to be made Ministers IT hath been long since provided by many Decrees of the Ancient Fathers that none should be admitted either Deacon or Priest who had not first some certain place where he might use his Function According to which Examples we do ordain that henceforth no Person shall be admitted into Sacred Orders except he shall at that time exhibit to the Bishop of whom he desireth Imposition of hands a Presentation of himself to some Ecclesiastical Preferment then void in that Diocess or shall bring to the said Bishop a true and undoubted Certificate that either he is provided of some Church within the said Diocess where he may attend the cure of Souls or of some Ministers place vacant either in the Cathedral Church of that Diocess or in some other Collegiate Church therein also situate where he may execute his Ministery or that he is a Fellow or in right as a Fellow or to be a Conduct or Chaplain in some Colledge in Cambridge or Oxford or except he be a Master of Arts of five years standing that liveth of his own Charge in either of the Universities or except by the Bishop himself that doth ordain him Minister he be shortly after to be admitted either to some Benefice or Curatship then void And if any Bishop shall admit any Person into the Ministery that hath none of these Titles as is aforesaid then he shall keep and maintain him with all things necessary till he do prefer him to some Ecclesiastical Living And if the said Bishop shall refuse so to do he shall be suspended by the Archbishop being assisted with another Bishop from giving of Orders by the space of a Year XXXIV The Quality of such as are to be made Ministers NO Bishop shall henceforth admit any Person into Sacred Orders which is not of his own Diocess except he be either of one of the Universities of this Realm or except he shall bring Letters Dimissory so termed from the Bishop of whose Diocess he is and desiring to be a Deacon is three and twenty years old and to be a Priest four and twenty years compleat and hath taken some Degree of School in either of the said Universities or at the least except he be able to yield an account of his Faith in Latin according to the Articles of Religion approved in the Synod of the Bishops and Clergy of this Realm One thousand five hundred sixty and two and to confirm the same by sufficient Testimonies out of the holy Scriptures and except moreover he shall then exhibit Letters Testimonial of his good Life and Conversation under the Seal of some College of Cambridge or Oxford where before he remained or of three or four grave Ministers together with the Subscription and Testimony of other credible Persons who have known his life and behaviour by the space of three years next before XXXV The Examination of such as are to be made Ministers THE Bishop before he admit any Person to holy Orders shall diligently examine him in the presence of those Ministers that shall assist him at the Imposition of hands And if the said Bishop have any lawful impediment he shall cause the said Ministers carefully to examine every such Person so to be Ordered Provided that they who shall assist the Bishop in examining and laying on of hands shall be of his Cathedral Church if they may conveniently be had or other sufficient Preachers of the same Diocess to the number of three at the least And if any Bishop or Suffragan shall admit any to Sacred Orders who is not so qualified and examined as before we have Ordained the Archbishop of his Province having notice thereof and being assisted therein by one Bishop shall suspend the said Bishop or Suffragan so offending from making either Deacons or Priests for the space of two years XXXVI Subscription required of such as are to be made Ministers NO Person shall hereafter be received into the Ministery nor either by Institution or Collation admitted to any Ecclesiastical Living nor suffered to Preach to Catechize or to be a Lecturer or Reader of Divinity in either University or in any Cathedral or Collegiate Church City or Market-Town Parish-Church Chapel or in any other place within this Realm except he be Licensed either by the Archbishop or by the Bishop of the Diocess where he is to be placed under their Hands and Seals or by one of the two Universities under their Seal likewise and except he shall first subscribe to these three Articles following in such manner and sort as we have here appointed 1. That the King's Majesty under God is the only Supream Governour of this Realm and of all other His Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within His Majesty's said Realms Dominions and Countries 2. That the Book of Common-Prayer and of Ordering of Bishops Priests and Deacons containeth in it nothing contrary to the Word of God and that it may lawfully so be used and that he himself will use the Form in the said Book prescribed in Publick Prayer and Administration of the Sacraments and none other 3. That he alloweth the Book of Articles of Religion agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the Year of our Lord God One thousand five hundred sixty and two and that he acknowledgeth all and every the Articles therein contained being in number Nine and thirty besides the Ratification to be agreeable to the Word Of God To these three Articles whosoever will subscribe he shall for the avoiding of all ambiguities subscribe in this Order and Form of Words setting down both his Christian and Sirname viz. IN. N. do willingly and ex animo subscribe to these three Articles above-mentioned and to all things that are contained in them And if any Bishop shall Ordain Admit or License any as is aforesaid Except he first have subscribed in manner and form as here we have appointed he shall be suspended from giving of Orders and Licences to Preach for the space of twelve Months But if either of the Universities shall offend therein we leave them to the danger of the Law and His Majesty's Censure XXXVII Subscription before the Diocesan NOne Licensed as is aforesaid to Preach Read Lecture or Catechise coming to reside in any Diocess shall be permitted there to Preach Read Lecture Catechise or Minister the Sacraments or to execute any other Ecclesiastical Function by what Authority soever he
Church and Chappel where Baptism is to be ministred the same to be set in the Ancient usual places In which only Font the Minister shall baptize publickly LXXXII A decent Communion Table in every Church VVHereas we have no doubt but that in all Churches within the Realm of England convenient and decent Tables are provided and placed for the celebration of the holy Communion we appoint that the same Tables shall from time to time be kept and repaired in sufficient and seemly manner and covered in time of Divine Service with a Carpet of Silk or other decent stuff thought meet by the Ordinary of the place if any question be made of it and with a fair Linen cloth at the time of the ministration as becometh that Table and so stand saving when the said holy Communion is to be administred At which time the same shall be placed in so good sort within the Church or Chancel as thereby the Minister may be more conveniently heard of the Communicants in his Prayer and Ministration and the Communicants also more conveniently and in more number may Communicate with the said Minister and that the Ten Commandments be set upon the East-end of every Church and Chappel where the people may best see and read the same and other chosen Sentences written upon the walls of the said Churches and Chappels in places convenient and likewise that a convenient Seat be made for the Minister to read Service in All these to be done at the charge of the Parish LXXXIII A Pulpit to be provided in every Church THE Church-wardens or Quest-men at the common charge of the Parishioners in every Church shall provide a comely and decent Pulpit to bo set in a convenient place within the same by the discretion of the Ordinary of the place if any question do arise and to be there seemly kept for the Preaching of Gods word LXXXIV A Chest for Alms in every Church THE Church-wardens shall provide and have within three months after the publishing of these Constitutions a strong Chest with a hole in the upper part thereof to be provided at the charge of the Parish if there be none such already provided having three Keys of which one shall remain in the custody of the Parson Vicar or Curate and the other two in the custody of the Church-wardens for the time being which Chest they shall set and fasten in the most convenient place to the intent the Parishioners may put into it their Alms for their poor Neighbours And the Parson Vicar or Curate shall diligently from time to time and especially when men make their Testaments call upon exhort and move their Neighbours to confer and give as they may well spare to the said Chest declaring unto them That whereas heretofore they have been diligent to bestow much substance otherwise then God commanded upon superstitious uses now they ought at this time to be much more ready to help the poor and needy knowing that to relieve the poor is a sacrifice which pleaseth God And that also whatsoever is given for their comfort is given to Christ himself and is so accepted of him that he will mercifully reward the same The which Alms and Devotion of the people the keepers of the Keys shall yearly quarterly or oftner as need requireth take out of the Chest and distribute the same in the presence of most of the Parish or six of the chief of them to be truly and faithfully delivered to their most poor and needy neighbours LXXXV Churches to be kept in sufficient reparations THe Churchwardens or Questmen shall take care and provide that the Churches be well and sufficiently repair'd and so from time to time kept and maintained that the Windows be well glazed and that the Floors be kept paved plain and even all things there in such an orderly and decent sort without dust or any thing that may be either noysome or unseemly as best becometh the House of God and is prescribed in an Homily to that effect The like care they shall take that the Church-yards be well and sufficiently repaired fenced and maintained with Walls Rails or Pales as have been in each place accustomed at their charges unto whom by Law the same appertaineth but especially they shall see that in every meeting of the Congregation peace be well kept and that all persons Excommunicated and so denounced be kept out of the Church LXXXVI Churches to be surveyed and the decays certified to the High Commissioners EVery Dean Dean and Chapter Archdeacon and others which have Authority to hold Ecclesiastical Visitations by Composition Law or Prescription shall survey the Churches of his or their Jurisdiction once in every three years in his own person or cause the same to be done and shall from time to time within the said three years certifie the High Commissioners for causes Ecclesiastical every year of such defects in any the said Churches as he or they do find to remain unrepaired and the names and sirnames of the parties faulty therein Upon which Certificate we desire that the said High Commissioners will ex officio mero send for such parties and compel them to obey the just and lawful Decrees of such Ecclesiastical Ordinaries making such Certificates LXXXVII A Terrier of Glebe-lands and other Possessions belonging to Churches WE Ordain That the Archbishops and all Bishops within their several Diocesses shall procure as much as in them lieth that a true Note and Terrier of all the Glebes Lands Medows Gardens Orchards Houses Stocks Implements Tenements and portions of Tythes lying out of their Parishes which belong to any Parsonage or Vicarage or rural Prebend be taken by the view of honest men in every Parish by the appointment of the Bishop whereof the Minister to be one and be laid up in the Bishops Registry there to be for a perpetual memory thereof LXXXVIII Churches not to be Prophaned THe Church-wardens or Quest-men and their Assistants shall suffer no Plays Feasts Banquets Suppers Church-ales Drinkings temporal Courts or Lets Lay-jurys Musters or any other prophane usage to be kept in the Church Chappel or Church-yard neither the Bells to be rung superstitiously upon Holy-days or Eves abrogated by the Book of Common Prayer not at any other times without good cause to be allowed by the Minister of the place and by themselves Church-wardens or Quest-men and Side-men or Assistants LXXXIX The choice of Church-wardens and their accompt ALL Church-wardens or Quest-men in every Parish shall be chosen by the joynt consent of the Minister and the Parishioners if it may be But if they cannot agree upon such a choice then the Minister shall chuse one and the Parishioners another and without such a joynt or several choice none shall take upon them to be Church-wardens neither shall they continue any longer then one year in that Office except perhaps they be chosen again in like manner And all Church-wardens at the end of their year or within a month after
No Act to be sped but in open Court NO Chancellor Commissary Archdeacon Official or any other Person using Ecclesiastical Jurisdiction whosoever shall speed any judicial Act either of contentious or voluntary Jurisdiction except he have the ordinary Register of that Court or his lawful Deputy or if he or they will not or cannot be present then such Persons as by Law are allowed in that behalf to write or speed the same under pain of Suspension ipso facto CXXIV No Court to have more than one Seal NO Chancellor Commissary Archdeacon Official or any other exercising Ecclesiastical Jurisdiction shall without the Bishops Consent have any more Seals than one for the Sealing of all matters incident to his Office Which Seal shall always be kept either by himself or by his lawful Substitute exercising Jurisdiction for him and remaining within the Jurisdiction of the said Judge or in the City or principal Town of the County This Seal shall contain the Title of that Jurisdiction which every of the said Judges or their Deputies do execute CXXV Convenient places to be chosen for the keeping of Courts ALL Chancellors Commissaries Archdeacons Officials and all other exercising Ecclesiastical Jurisdiction shall appoint such meet places for the keeping of their Courts by the assignment or approbation of the Bishop of the Diocess as shall be convenient for Entertainment of those that are to make their appearance there and most indifferent for their travel And likewise they shall keep and end their Courts in such convenient time as every Man may return homewards in as due Season as may be CXXVI Peculiar and inferiour Courts to exhibit the original Copies of Wills into the Bishops Registry WHereas Deans Archdeacons Prebendaries Parsons Vicars and others exercising Ecclesiastical Jurisdiction claim Liberty to prove the last Wills and Testaments of Persons Deceased within their several Jurisdictions having no known nor certain Registers nor publick place to keep their Records in by reason whereof many Wills Rights and Legacies upon the Death or Change of such Persons and their private Notaries miscarry and cannot be found to the great prejudice of his Majesties Subjects We therefore order and enjoyn that all such Possessors and Exercisers of peculiar Jurisdiction shall once in every Year exhibite into the publick Registry of the Bishop of the Diocess or of the Dean and Chapter under whose Jurisdiction the said peculiars are every original Testament of every person in that time Deceased and by them proved in their several peculiar Jurisdictions or a true Copy of every such Testa ment examined subscribed and sealed by the peculiar Judge and his Notary Otherwise if any of them fail so to do the Bishop of the Diocess or Dean and Chapter unto whom the said Jurisdictions do respectively belong shall suspend the said Parties and every of them from the exercise of all such peculiar Jurisdiction until they have performed this our Constitution Judges Ecclesiastical and their Surrogates CXXVII The quality and Oath of Iudges NO Man shall hereafter be admitted a Chancellor Commissary or Official to exercise any Ecclesiastical Jurisdiction except he be of the full age of six and twenty Years at the least and one that is learned in the Civil and Ecclesiastical Laws and is at the least a Master of Arts or Batchelor of Law and is reasonably well practised in the Course thereof as likewise well affected and zealously bent to Religion touâ—hing whose Life and manners no evil example is had and except before he enter into or execute any such Office he shall take the Oath of the Kings supremacy in the presence of the Bishop or in the open Court and shall subscribe to the Articles of Religion agreed upon in the Convocation in the year one Thousand five Hundred sixty and two and shall also swear that he will to the uttermost of his Understanding deal uprightly and justly in his Office without respect or favour of Reward the said Oaths and Subscription to be recorded by a Register then present And likewise all Chancellors Commissaries Officials Registers and all other that do now possess or execute any places of Ecclesiastical Jurisdiction or Service shall before Christmas next in the Presence of the Archbishop of Bishop or in open Court under whom or where they exercise their Offices take the same Oaths and subscribe as before is said Or upon refusal so to do shall be suspended from the execution of their Offices until they shall take the said Oaths and subscribe as aforesaid CXXVIII The Quality of Surrogates NO Chancellor Commissary Arch-Deacon Official or any other person using Ecclesiastical Jurisdiction shall at any time substitute in their absence any to keep any Court for them except he be either a grave Minister and a Graduate or a licensed publick Preacher and a beneficed man near the place where the Courts are kept or a Batcheler of Law or a Master of Arts at least who hath some skill in the Civil and Ecclesiastical Law and is a favourer of true Religion and a man of modest and honest conversation under pain of suspension for every time that they offend therein from the execution of their Offices for the space of three months toties quoties And he likewise that is deputed being not qualified as is before expressed and yet shall presume to be a Substitute to any Judge and shall keep any Court as is aforesaid shall undergo the same censure in manner and form as is before expressed Proctors CXXIX Proctors not to retain Causes without the lawful Assignment of the parties NOne shall Procure in any Cause whatsoever unless he be thereunto constituted and appointed by the party himself either before the Judge and by Act in Court or unless in the beginning of the Suit he be by a true and sufficient Proxy thereunto warranted and enabled We call that Proxy sufficient which is strengthened and confirmed by some Authentical Seal the parties Approbation or at least his Ratification therewithal concurring All which Proxies shall be forthwith by the said Proctors exhibited into the Court and be safely kept and preserved by the Register in the publick Registry of the said Court. And if any Register or Proctor shall offend herein he shall be secluded from the exercise of his Office for the space of two months without hope of release or restoring CXXX Proctors not to retain Causes without the counsel of an Advocate FOR lessening and abridging the multitude of Suits and Contentions as also for preventing the complaints of Suiters in Courts Ecclesiastical who many times are overthrown by the over-sight and neglience or by the ignorance and insufficiency of Proctors and likewise for the furtherance and increase of Learning and the advancement of Civil and Canon Law following the laudable customs heretofore observed in the Courts pertaining to the Arch-bishop of Canterbury We will and ordain That no Proctor exercising in any of them shall entertain any Cause whatsoever and keep and retain the same