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
God's Laws owe most Loyalty and Obedience afore and above all other Powers and Potentates in Earth II. Impugners of the King's Supremacy censured WHosoever shall hereafter affirm That the King's Majesty hath not the same Authority in Causes Ecclesiastical that the godly Kings had amongst the Jews and Christian Emperours of the Primitive Church or impeach any part of His Regal Supremacy in the said Causes restored to the Crown and by the Laws of this Realm therein established Let him be Excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and Publick Revocation of those his wicked Errors III. The Church of England a true and Apostolical Church WHosoever shall hereafter affirm That the Church of England by Law established under the King's Majesty is not a true and an Apostolical Church teaching and maintaining the Doctrine of the Apostles Let him be Excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and Publick Revocation of this his wicked Errour IV. Impugners of the Publick Worship of God established in the Church of England censured WHosoever shall hereafter affim That the Form of God's Worship in the Church of England established by Law and contained in the Book of Common Prayer and Administration of Sacraments is a corrupt superstitious or unlawful Worship of God or containeth any thing in it that is repugnant to the Scriptures Let him be Excommunicated ipso facto and not restored but by the Bishop of the Place or Archbishop after his Repentance and Publick Revocation of such his wicked Errors V. Impugners of the Articles of Religion established in the Church of England censured WHosoever shall hereafter affirm That any of the Nine and thirty Articles agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the Year of our Lord God One thousand five hundred sixty two for avoiding diversities of Opinions and for the establishing of Consent touching true Religion are in any part superstitious or erroneous or such as he may not with a good Conscience subscribe unto Let him be Excommunicated ipso facto and not restored but only by the Archbishop after his Repentance and publick Revocation of such his wicked Errors VI. Impugners of the Rites and Ceremonies established in the Church of England censured WHosoever shall hereafter affirm That the Rites and Ceremonies of the Church of England by Law established are wicked Antichristian or superstitious or such as being commanded by lawful Authority men who are zealously and godly affected may not with any good Conscience approve them use them or as occasion requireth subscribe unto them Let him be Excommunicated ipso facto and not restored until he repent and publickly revoke such his wicked Errors VII Impugners of the Government of the Church of England by Archbishops Bishops c. censured WHosoever shall hereafter affirm that the Government of the Church of England under His Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or repugnant to the Word of God Let him be Excommunicated ipso facto and so continue until he repent and publickly revoke such his wicked Errors VIII Impugners of the Form of consecrating and ordering Archbishops Bishops c. in the Church of England censured WHosoever shall hereafter affirm or teach That the Form and manner of making and consecrating Bishops Priests and Deacons containeth any thing in it that is repugnant to the Word of God or that they who are made Bishops Priests or Deacons in that Form are not lawfully made nor ought to be accounted either by themselves or others to be truly either Bishops Priests or Deacons until they have some other calling to those Divine Offices Let him be Excommunicated ipso facto not to be restored until he repent and publickly revoke such his wicked Errors IX Authors of Schism in the Church of England censured WHosoever shall hereafter separate themselves from the Communion of Saints as it is approved by the Apostles Rules in the Church of England and combine themselves together in a new Brother-hood accompting the Christians who are conformable to the Doctrine Government Rites and Ceremonies of the Church of England to be prophane and unmeet for them to joyn with in Christian Profession Let them be Excommunicated ipso facto and not restored but by the Archbishop after their Repentance and Publick Revocation of such their wicked Errors X. Maintainers of Schismaticks in the Church of England censured WHosoever shall hereafter affirm That such Ministers as refuse to subscribe to the Form and manner of God's Worship in the Church of England prescribed in the Communion Book and their Adherents may truly take unto them the Name of another Church not established by Law and dare presume to publish it That this their pretended Church hath of long time groaned under the Burthen of certain Grievances imposed upon it and upon the Members thereof before mentioned by the Church of England and the Orders and Constitutions therein by Law established Let them be Excommunicated and not restored until they repent and pulickly revoke such their wicked Errors XI Maintainers of Conventicles censured WHosoever shall hereafter affirm or maintain That there are within this Realm other Meetings Assemblies or Congregations of the King 's born Subjects than such as by the Laws of this Land are held and allowed which may rightly challenge to themselves the Name of True and Lawful Churches Let him be Excommunicated and not restored but by the Archbishop after his Repentance and Publick Revocation of such his wicked Errors XII Maintainers of Constitutions made in Conventicles censured WHosoever shall hereafter affirm That it is lawful for any sort of Ministers and Lay-persons or of either of them to joyn together and make Rules Orders or Constitutions in Causes Ecclesiastical without the King's Authority and shall submit themselves to be ruled and governed by them Let them be Excommunicated ipso facto and not be restored until they repent and publickly revoke those their wicked and Anabaptistical Errors Of Divine Service and Administration of the SACRAMENTS XIII Due Celebration of Sundays and Holy-days ALL manner of Persons within the Church of England shall from henceforth celebrate and keep the Lord's Day commonly called Sunday and other Holy-days according to God's Holy Will and Pleasure and the Orders of the Church of England prescribed in that behalf that is in hearing the Word of God read and taught in private and publick Prayers in acknowledging their Offences to God and amendment of the same in reconciling themselves charitably to their Neighbours where displeasure hath been in oftentimes receiving the Communion of the Body and Blood of Christ in visiting of the poor and Sick using all godly and sober Conversation XIV The prescript Form of Divine Service to be used on Sundays and Holy-days THE Common Prayer shall be said or sung
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
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
at the most shall before the Minister and the Parishioners give up a just account of such Money as they have received and also what particularly they have bestowed in Reparations and otherwise for the use of the Church And last of all going out of their Office they shall truly deliver up to the Parishioners whatsoever Money or other things of right belonging to the Church or Parish which remaineth in their hands that it may be delivered over by them to the next Church-wardens by Bill indented XC The choice of Sidemen and their joynt Office with Church wardens THE Church-wardens or Quest-men of every Parish and two or three or more discreet persons in every Parish to be chosen for Sidemen or Assistants by the Minister and Parishioners if they can agree otherwise to be appointed by the Ordinary of the Diocess shall diligently see that all the Parishoners duly resort to the Church upon all Sundays and Holydays and there continue the whole time of Divine Service and none to walk or to stand idle or taking in the Church or in the Church-yard or the Church-porch during that time And all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due monition if they amend not they shall present them to the Ordinary of the place The choice of which persons viz. Church-wardens or Quest-men Side-men or Assistants shall be yearly made in Easter-week Parish Clerks XCI Parish Clerks to be chosen by the Minister NO Parish Clerk upon any vacation shall be chosen within the City of London or elsewhere within the Province of Canterbury but by the Parson or Vicar or where there is no Parson or Vicar by the Minister of that place for the time being Which choice shall be signified by the said Minister Vicar or Parson to the Parishioners the next Sunday following in the time of Divine Service And the said Clerk shall be of twenty years of age at the least and known to the said Parson Vicar or Minister to be of honest conversation and sufficient for his Reading Writing and also for his competent skill in Singing if it may be And the said Clerks so chosen shall have and receive their ancient Wages without fraud or diminution either at the hands of the Church-wardens at such times as hath been accustomed or by their own collection according to the most ancient custom of every Parish Ecclesiastical Courts belonging to the Archbishops Jurisdiction XCII None to be cited into divers Courts for probate of the same Will FOrasmuch as many heretofore have been by Aparitors both of inferiour Courts and of the Courts of the Archbishops prerogatives much distracted and diversly called and summoned for probate of Wills or to take Administrations of the goods of persons dying Intestate and are thereby vexed and grieved with many causeless and unnecessary troubles molestations and expences we constitute and appoint That all Chancellors Commissaries or Officials or any other exercising Ecclesiastical Jurisdiction whatsoever shall at the first charge with an Oath all persons called or voluntarily appearing before them for the probate of any Will or the Administration of any Goods whether they know or moved by any special inducement do firmly believe that the party deceased whose Testaments or Goods depend now in question had at the time of his or her death any Goods or good Debts in any other Diocess or Diocesses or peculiar Jurisdiction within that Province then in that wherein the said party died amounting to the value of five pounds And if the said person cited or voluntarily appearing before him shall upon his Oath affirm That he knoweth or as aforesaid firmly believeth that the said party deceased had Goods or good Debts in any other Diocess or Diocesses or peculiar Jurisdiction within the said Province to the value aforesaid and particularly specifie and declare the same then shall he presently dismiss him not presuming to intermeddle with the probate of the said Will or to grant Administration of the Goods of the party so dying Intestate neither shall he require or exact any other charges of the said parties more then such only as are due for the Citation and other Precess had and used against the said parties upon their further contumacy but shall openly and plainly declare and profess That the said cause belongeth to the Prerogative of the Archbishop of that Province willing and admonishing the party to prove the said Will or require Administration of the said Goods in the Court of the said Prerogative and to exhibite before him the said Judge the probate or Administration under the Seal of the prerogative within fourty days next following And if any Chancellor Commissary Official or other exercising Ecclesiastical Jurisdiction whatsoever or any their Register shall offend herein let him be ipso facto suspended from the execution of his Office not to be absolved or released until he have restored to the party all expences by him laid out contrary to the tenour of the Premisses and every such probate of any Testament or Administration of Goods so granted shall be held void and frustrate to all effects of the Law whatsoever Furthermore we charge and enjoyn that the Register of every inferiour Judge do without all difficulty or delay certify and inform the Apparitor of the Prerogative Court repairing unto him once a Month and no oftner what Executors or Administrators have been by his said Judge for the Incompetency of his own Jurisdiction dismissed to the said Prerogative Court within the Month next before under pain of a Months Suspension from the exercise of his Office for every default therein Provided that this Canon or any thing therein contained be not prejudicial to any Composition between the Archbishop and any Bishop or other Ordinary nor to any inferiour Judge that shall grant any Probate of Testament of Administration of Goods to any Party that shall voluntarily desire it both out of the said inferiour Court and also out of the Prerogative Provided likewise that if any Man dye in itinere the Goods that he hath about him at that present shall not cause his Testament or Administration to be liable unto the Prerogative Court XCIII The rate of Bona notabilia liable to the Prerogative Court FUrthermore we decree and ordain That no Judge of the Archbishops Prerogative shall henceforward Cite or cause to be Cited ex officio any Person whatsoever to any of the aforesaid Intents unless he have knowledge that the Party deceased was at the time of his death possessed of Goods and Chattels in some other Diocess or Diocesses or peculiar Jurisdiction within that Province than in that wherein he died amounting to the value of five Pounds at the least decreeing and declaring that whoso hath not Goods in divers Diocesses to the said sum or value shall not be accounted to have bona notabilia Always provided that this Clause
here and in the former Constitution mentioned shall not prejudice those Diocesses where by Composition or Custom bona notabilia are rated at a greater sum And if any Judge of the Prerogative Court or any his Surrogate or his Register or Apparitor shall cite or cause any Person to be Cited into his Court contrary to the tenor of the premisses he shall restore to the party so cited all his Costs and Charges and the Acts and proceedings in that behalf shall be held void and frustrate Which Expences if the said Judge or Register or Apparitor shall refuse accordingly to pay he shall be suspended from the Exercise of his Office untill he yield to the performance thereof XCIV None to be cited into the Arches or Audience but dwellers within the Archbishops Diocess or Peculiars NO Dean of the Arches nor Official of the Archbishops Consistory nor any Judge of the Audience shall henceforward in his own Name or in the name of the Archbishop either ex officio or at the Instance of any party originally cite summon or any way compel or procure to be cited summoned or compelled any person which dwelleth not within the particular Diocess or peculiar of the said Archbishop to appear before him or any of them for any cause or matter whatsoever belonging to Ecclesiastical Cognizance without the Licence of the Diocesan first had and obtained in that behalf other than in such particular Cases only as are expresly excepted and reserved in and by a Statute Ann. 23 H. 8. cap. 9. And if any of the said Judges shall offend herein he shall for every such offence be suspended from the exercise of his Office for the space of three whole Months XCV Fhe Restraint of double Quarrels ALbeit by former Constitutions of the Church of England every Bishop hath had two Months Space to enquire and inform himself of the sufficiency and qualities of every Minister after he hath been presented unto him to be instituted into any Benefice yet for the avoiding of some inconveniencies we do now abridge and reduce the said two Months unto eight and twenty days only In respect of which Abridgement we do ordain and appoint that no double Quarrel shall hereafter be granted out of any of the Archbishops Courts at the suit of any Minister whosoever except he shall first take his personal Oath that the said eight and twenty days at the least are expired after he first tendered his Presentation to the Bishop and that he refused to grant him Institution thereupon or shall enter Bonds with sufficient sureties to prove the same to be true under pain of Suspension of the Granter thereof from the execution of his Office for half a year toties quoties to be denounced by the said Archbishop and Nullity of the double Quarrel aforesaid so unduly procured to all intents and purposes whatsoever Always provided that within the said eight and twenty Days the Bishop shall not institute any other to the prejudice of the said party before presented sub poena mullitatis XCVI Inhibitions not to be granted without the subscription of an Advocate THAT the Jurisdictions of Bishops may be preserved as near as may be entire and free from prejudice and that for the behoof of the Subjects of this Land better provision be made that henceforward they be not grieved with frivolous and wrongful Suits and Molestations It is ordained and provided that no Inhibition shall be granted out of any Court belonging to the Archbishop of Canterbury at the instance of any Party unless it be subscribed by an Advocate practising in the said Court which the said Advocate shall do freely not taking any Fee for the same except the party prosecuting the suit do voluntarily bestow some Gratuity upon him for his Counsel and Advice in the said Cause The like Course shall be used in granting forth any Inhibition at the instance of any party by the Bishop or his Chancellor against the Archdeacon or any other person exercising Ecclesiastical Jurisdiction And if in the Court or Consistory of any Bishop there be no Advocate at all then shall the subscription of a Proctor practising in the same Court be held sufficient XCVII Inhibitions not to be granted until the Appeal be exhibited to the Iudge IT is further ordered and decreed That henceforward no Inhibition be granted by occasion of any interlocutory Decree or in any cause of correction whatsoever except under the form aforesaid And moreover That before the going out of any such Inhibition the Appeal it self or a Copy thereof avouched by Oath to be just and true be exhibited to the Judge or his lawful Surrogate whereby he may be fully inform'd both of the quality of the Crime and of the cause of the Grievance before the granting forth of the said Inhibition And every Appellant or his lawful Proctor shall before the obtaining of any such Inhibition shew and exhibit to the Judge or his Surrogate in Writing a true Copy of those Acts wherewith he complaineth himself to be aggrieved and from which he appealeth or shall take a Corporal Oath that he hath performed his Diligence and true endeavour for the obtaining of the same and could not obtain it at the Hands of the Register in the Country or his Deputy tendring him his Fee And if any Judge or Register shall either procure or permit any Inhibition to be Sealed so as is said contrary to the Form and Limitation above specified let him be suspended from the Execution of his Office for the space of three Months If any Proctor or other Person whatsoever by his appointment shall offend in any of the Premisses either by making or sending out any Inhibition contrary to the tenour of the said Premisses let him be removed from the Exercise of his Office for the space of a whole Year without hope of release or restoring XCVIII Inhibitions not to be granted to factious Appellants unless they first Subscribe FOrasmuch as they who break the Laws cannot in reason claim any benefit or protection by the same We decree and appoint that after any Judge Ecclesiastical hath proceeded judiciously against obstinate and factious persons and contemmers of Ceremonies for not observing the Rites and Orders of the Church of England or for contempt of publick Prayer no Judge ad quem shall admit or allow any his or their Appeals unless he having first seen the Original Appeal the party Appellant do first personally promise and avow that he will faithfully keep and observe all the Rites and Ceremonies of the Church of England as also the prescript Form of Common Prayer and do likewise subscribe to the three Articles formerly by us specified and declared XCIX None to marry within the Degrees prohibited NO persons shall Marry within the Degrees prohibited by the Laws of God and expressed in a Table set forth by Authority in the year of our Lord God 1563. and all Marriages so made and contracted shall be adjudged incestuous
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
Licensed before others 36 79 The Duty of School-Masters ib. Things appertaining to Churches 80 THe great Bible and Book of Common Prayer to be had in every Church 36 81 A Font of Stone for Baptism in every Church 37 82 A decent Communion Table in every Church ib. 83 A Pulpit to be provided in every Church 38 84 A Chest for Alms in every Church ib. 85 Churches to be kept in sufficient reparation ib. 86 Churches to be surveyed and the decays certified to the High Commissioners 39 87 A Terrier of Glebe-lands and other Possessions belongin to Churches ib. 88 Churches not to be Prophaned 40 Church-wardens or Quest-men and Side-men or Assistants 89 THe choice of Churchwardens and their accompt 40 90 The choice of Sidemen and their joynt Office with Church-wardens ib. Parish Clerks 91 PArish Clerks to le chosen by the Minister 41 Ecclesiastical Courts belonging to the Archbishops Jurisdiction 92 NOne to be cited into divers Courts for probate of the same Will 41 93 The rate of Bona notabilia liable to the Prorogative Court 43 94 None to be cited into the Arches or Audience but dwellers within the Archbishops Diocess or Peculiars ib. 95 The Restraint of double Quarrels 44 96 Inhibitions not to be granted without the subscription of an Advocate ib. 97 Inhibitions not to be granted until the Appeal be exhibited to the Iudge 45 98 Inhibitions not to be granted to factious Appellants unless they first subscribe ib. 99 None to marry within the Degrees prohibited 46 100 None to Marry under xxi years without their Parents Consent ib. 101 By whom Licences to Marry without Banns shall be granted and to what sort of persons ib. 102 Security to be taken at the granting of such Licences and under what Conditions 47 103 Oaths to be taken for the Conditions ib. 104 An Exception for those that are in Widdowhood ib. 105 No Sentence for Divorce to be given upon the sole confession of the Parties 48 106 No Sentence for Divorce to be given but in open Court ib. 107 In all Sentences for Divorce Bond to be taken for not marrying during each others life ib. 108 The penalty for Iudges offending in the Premisses 49 Ecclesiastical Courts belonging to the Jurisdiction of Bishops and Arch-Deacons and the Proceedings in them 109 NOtorious Crimes and Scandal to be certified into Ecclesiastical Courts by Presentment 49 110 Schismaticks to be presented ib. 111 Disturbers of Divine Service to be presented 50 112 Not Communicants at Easter to be presented ib. 113 Ministers may persent ib. 114 Ministers shall present Recusants 51 115 Ministers and Churchwardens not to be sued for Presenting ib. 116 Churchwardens not bound to present oftner than twice a Year 52 117 Churchwardens not to be troubled for not presenting oftner then twice a year ib. 118 The old Church-wardens to make their Presentments before the new be sworn 53 119 Convenient time to be assigned for framing Presentments ib. 120 None to be cited into Ecclesiastical Courts by Process of Quorum nomina 54 121 None to be cited into several Courts for one Crime ib. 122 No Sentence of Deprivation or Deposition to be pronounced against a Minister but by the Bishop 55 123 No Act to be sped but in open Court ib. 124 No Court to have more than one Seal ib. 125 Convenient places to be chosen for the keeping of Courts 56 126 Peculiar and inferiour Courts to exhibit the Original Copies of Wills into the Bishops Registry ib. Judges Eccleslastical and their Surrogates 127 THe quality and Oath of Iudges 56 128 The Quality of Surrogates 57 Proctors 129 PProctors not to retain Causes without the lawful Assignment of the parties 58 130 Proctors not to retain Causes without the counsel of an Advocate ib. 131 Proctors not to conclude in any cause without the knowledge of an Advocate 59 132 Proctors pohibited the Oath In Animam Domini sui ib. 133 Proctors not to be clamorous in Court 60 Registers 134 A Buses to be reformed in Registers 60 135 A certain rate of Fees due to all Ecclesiastical Officers 61 136 A Table of the Rates and Fees to be set up in Courts and Registers 62 137 The whole Fees for shewing Letters of Orders and other Licences due but once in every Bishops time ib. Apparitors 138 THe number of Apparitors restrained 63 Authority of Synods 139 A National Synod the Church representative 64 140 Synods conclude as well the absent as the present ib. 141 Depravers of the Synod censured ib. FINIS