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
CONSTITUTIONS AND Canons Ecclesiastical TREATED UPON By the BISHOP of LONDON President of the CONVOCATION FOR THE Province of CANTERBURY AND The rest of the Bishops and Clergy of the said Province AND Agreed upon with the King's Majesty's Licence in their Synod begun at London Anno Domini 1603. And in the Year of the Reign of our Sovereign Lord JAMES by the Grace of God King of England France and Ireland the First and of Scotland the Thirty seventh AND Now Published for the due Observation of them by His Majesty's Authority UNDER THE Great Seal of England LONDON Printed for Samuel Mearne Stationer to the King 's most Excellent Majesty and Robert Pawlet 1678. JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these Presents shall come Greeting Whereas our Bishops Deans of our Cathedral Churches Archdeacons Chapters and Colledges and the other Clergy of every Diocess within the Province of Canterbury being summoned and called by Virtue of our Writ directed to the most Reverend Father in God John late Archbishop of Canterbury and bearing Date the 31. Day of January in the First Year of Our Reign of England France and Ireland and of Scotland the 37. to have appeared before him in our Cathedral Church of St. Paul in London the 20. Day of March then next ensuing or elsewhere as he should have thought it most convenient to treat consent and conclude upon certain difficult and urgent Affairs mentioned in the said Writ Did thereupon at the time appointed and within the Cathedral Church of St. Paul aforesaid assemble themselves and appear in Convocation for that purpose according to Our said Writ before the Right Reverend Father in God Richard Bishop of London duly upon a second Writ of Ours dated the 9. Day of March aforesaid authorized appointed and constituted by reason of the said Archbishop of Canterbury his Death President of the said Convocation to execute those things which by Virtue of Our first Writ did appertain to him the said Archbishop to have executed if he had lived We for divers urgent and weighty Causes and Considerations Us thereunto especially moving of Our especial Grace certain Knowledge and meer Motion did by Virtue of our Prerogative Royal and Supreme Authority in Causes Ecclsieastical give and grant by Our several Letters Patents under Our Great Seal of England the one dated the 12. Day of April last past and the other the 25. Day of June then next following full free and lawful Liberty Licence Power and Authority unto the said Bishop of London President of the said Convocation and to the other Bishops Deans Archdeacons Chapters and Colledges and the rest of the Clergy before mentioned of the said Province That they from time to time during Our first Parliament now Prorogued might confer treat debate consider consult and agree of and upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the Honour and Service of Almighty God the good and quiet of the Church and the better Government thereof to be from time to time observed performed fulfilled and kept as well by the Archbishops of Canterbury the Bishops and their Successors and the rest of the whole Clergy of the said Province of Canterbury in their several Callings Offices Functions Ministeries Degrees and Administrations as also by all and every Dean of the Arches and other Iudge of the said Archbishop's Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officials Registers and all and every other Ecclesiastical Officers and their inferiour Ministers whatsoever of the same Province of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their Proceedings and by all other Persons within this Realm as far as lawfully being Members of the Church it may concern them as in our said Letters Patents amongst other Clauses more at large doth appear Forasmuch as the Bishop of London President of the said Convocation and others the said Bishops Deans Archdeacons Chapters and Colledges with the rest of the Clergy having met together at the time and place before mentioned and then and there by Virtue of Our said Authority granted unto them treated of concluded and agreed upon certain Canons Orders Ordinances and Constitutions to the end and purpose by Us limited and prescribed unto them and have thereupon offered and presented the same unto Us most humbly desiring Us to give Our Royal Assent unto their said Canons Orders Ordinances and Constitutions according to the Form of a certain Statute or Act of Parliament made in that behalf in the 25. Year of the Reign of King Henry the Eighth and by Our said Prerogative Royal and Supreme Authority in Causes Ecclesiastical to ratifie by Our Letters Patents under Our Great Seal of England and to confirm the same the Title and Tenour of them being word for word as ensueth Constitutions and Canons ECCLESIASTICAL Treated upon by the Bishop of London President of the Convocation for the Province of Canterbury and the rest of the Bishops and Clergy of the said Province and agreed upon with the King's Majesty's Licence in their Synod begun at London Anno Dom. 1603. And in the year of the Reign of our Sovereign Lord JAMES by the Grace of God King of England France and Ireland the First and of Scotland the Thirty seventh Of the Church of ENGLAND I. The King's Supremacy over the Church of England in Causes Ecclesiastical to be maintained AS our Duty to the King 's most Excellent Majesty requireth We first decree and ordain That the Archbishop of Canterbury from time to time all Bishops of this Province all Deans Archdeacons Parsons Vicars and all other Ecclesiastical Persons shall faithfully keep and observe and as much as in them lieth shall cause to be observed and kept of others all and singular Laws and Statutes made for restoring to the Crown of this Kingdom the Ancient Jurisdiction over the State Ecclesiastical and abolishing of all Foreign Power repugnant to the same Furthermore all Ecclesiastical Persons having Cure of Souls and all other Preachers and Readers of Divinity Lectures shall to the uttermost of their Wit Knowledge and Learning purely and sincerely without any colour or dissimulation teach manifest open and declare four times every Year at the least in their Sermons and other Collations and Lectures That all usurped and Foreign Power forasmuch as the same hath no Establishment nor ground by the Law of God is for most just Causes taken away and abolished and that therefore no manner of Obedience or Subjection within His Majesty's Realms and Dominions is due unto any such Foreign Power but that the King's Power within His Realms of England Scotland and Ireland and all other His Dominions and Countries is the Highest Power under God to whom all men as well Inhabitants as born within the same do by
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
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
Swearing Ribbaldry Usury or any other uncleanness and wickedness of Life the Church wardens or Quest-men and Sidemen in their next presentments to their Ordinaries shall faithfully present all and every of the said offenders to the intent that they and every of them may be punished by the severity of the Laws according to their deserts and such notorious offenders shall not be adâ—â—tted to the holy Communion till they be reformed CX Schismaticks to be presented IF the Church-wardens or Quest-men or Assistants do or 〈…〉 any man within their parish or elsewhere that is a hindereâ—… 〈◊〉 the Word of God to be read or sincerely preached or of the 〈…〉 these our Constitutions or a factour of any usurped or foreign 〈◊〉 by the Laws of this Realm justly rejected and taken away or a 〈…〉 Popish and erroneous Doctrin they shall detect and present the same to the Bishop of the Diocess or Ordinary of the place to be censured and punished according to such Ecclesiastical Laws as are prescribed in that behalf CXI Disturbers of Divine Service to be presented IN all Visitations of Bishops and Arch-Deacons the Church-wardens or Quest-men and Sidemen shall truly and personally present the names of all those which behave themselves rudely and disorderly in the Church or which by untimely Ringing of the Bells by walking talking or other noise shall hinder the Minister or Preacher CXII Not Communicants at Easter to be presented THE Minister Church-wardens Quest-men and Assistants of every Parish Church and Chappel shall yearly within forty days after Easter exhibit to the Bishop or his Chancellor the names or Sirnames of all the parishioners as well men as women which being of the age of sixteen years received not the Communion at Easter before CXIII Ministers may present BEcause it often cometh to pass that the Church-wardens Sidemen Quest-men and such other persons of the Layity as are to take care for the suppressing of sin and wickedness in their several Parishes as much as in them lieth by admonition reprehension and denunciation to their Ordinaries do forbear to discharge their duties therein either through fear of their Superiors or through negligence more then were fit the Licentiousness of these times considered We ordain That hereafter every Parson and Vicar or in the lawful absence of any Parson or Vicar then their Curates and Substitutes may joyn in every presentment with the said Church-wardens Sidemen and the rest above mentioned at the times hereafter limited if they the said Church-wardens and the rest will present such enormities as are apparent in the Parish or if they will not then every such Parson and Vicar or in their absence as aforesaid their Curates may themselves present to their Ordinaries at such times and when else they think it meet all such crimes as they have in charge or otherwise as by them being the persons that should have the chief care for the suppressing of sin and impiety in their Parishes shall be thought to require due Reformation Provided always that if any man confess his secret and hidden sins to the Minister for the unburthening of his conscience and to receive spiritual consolation and ease of mind from him We do not any way bind the said Minister by this our Constitution but do straitly charge and admonish him that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secrecy except they be such crimes as by the Laws of this Realm his own life may be called into question for concealing the same under pain of irrgularity CXIV Ministers shall present Recusants EVery Parson Vicar or Curate shall carefully inform themselves every Year hereafter how many Popish Recusants Men Women and Children above the age of thirteen Years and how many being Popishly given who though they come to the Church yet do refuse to receive the Communion are Inhabitants or make their abode either as Sojourners or common Guests in any of their several Parishes and shall set down their true Names in writing if they can learn them or otherwise such names as for the time they carry distinguishing the obsolute Recusants from half Recusants and the same so far as they know or believe so distinguished and set down under their Hands shall truly present to their Ordinaries before the Feast of the Nativity next ensuing under pain of Suspension to be inflicted upon them by their said Ordinaries and so every year hereafter upon the like Pain before the Feast of St. John Baptist. Also we ordain That all such Ordinaries Chancellors Commissaries Arch-deacons Officials and all other Ecclesiastical Officers to whom the said Presentments shall be exhibited shall likewise within one Month after the Receipt of the same under pain of Suspension by the Bishop from the Execution of their Offices for the space of half a Year as often as they shall offend therein deliver them or cause to be delivered to the Bishop respectively who shall also exhibit them to the Archbishop within six Weeks and the Archbishop to his Majesty within other six Weeks after he hath received the said Presentments CXV Ministers and Churchwardens not to be sued for Presenting VVHereas for the Reformation of Criminous persons and disorders in every Parish the Churchwardens Questmen Sidemen and such other Church Officers are sworn and the Minister charged to present as well the Crimes and Disorders committed by the said Criminous persons as also the common Fame which is spread abroad of them whereby they are often maligned and sometimes troubled by the said Dilinquents or their Friends We do admonish and exhort all Judges both Ecclesiastical and Temporal as they regard and reverence the fearful judgment-seat of the highest Judge that they admit not in any of their Courts any Complaint Plea Suit or Suits against any such Churchwarden Questmen Sidemen or other Church-Officers for making any such presentments nor against any Minister for any presâ—ntment that he shall make all the said presentments tending to the restraint of shameless Impiety and considering that the Rules both of Charity and Government do presume that they did nothing therein of Malice but for the discharge of their Consciences CXVI Churchwardens not bound to present oftner than twice a Year NO Churchwardens Questmen or Sidemen of any Parish shall be inforced to exhibit their Presentments to any having Ecclesiastical Jurisdiction above once in every Year where it hath been no oftner used nor above twice in any Diocess whatsoever except it be at the Bishops Visitation For the which presentments of every Parish Church or Chappel the Register of any Court where they are to be Exhibited shall not receive in one Year above four pence under pain for every offence therein of Suspension from the Execution of his Office for the space of a Month toties quoties Provided always that as good occasion shall require it shall be lawful for every Minister Churchwardens and Sidemen to present
offenders as oft as they shall think meet And likewise for any godly disposed Person or for any Ecclesiastical Judge upon knowledge or notice given unto him or them of any enormous Crime within his Jurisdiction to move the Minister Churchwardens or Sidemen as they tender the Glory of God and Reformation of Sin to present the same if they shall find sufficient cause to induce them thereunto that it may be in due time punished and reformed Provided that for these voluntary presentments there be no Fee required or taken of them under the pain aforesaid CXVII Churchwardens not to be troubled for not presenting oftner then twice a year NO Church-wardens Quest-men or Side-men shall be called or cited but only at the said time or times before limited to appear before any Ecclesiastical Judge whosoever for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiastical Laws Neither shall they nor any of them after their presentments exhibited at any of those times be any further troubled for the same except upon manifest and evident proof it may appear that they did then willingly and wittingly omit to present some such publick crime or crimes as they knew to be committed or could not be ignorant that there was then a publick fame of them or unless there be very just cause to call them for the explanation of their former presentments In which case of wilful omission their Ordinaries shall proceed against them in such sort as in causes of wilful Perjury in a Court Ecclesiastical it is already by Law provided CXVIII The old Churchwardens to make their Presentments before the new be sworn THe Office of all Church-wardens and Side-men shall be reputed ever hereafter to continue until the new Church-wardens that shall succeed them be sworn which shall be the first week after Easter or some week following according to the direction of the Ordinary Which time so appointed shall always be one of the two times in every year when the Minister and Church-wardens and Side-men of every Parish shall exhibit to their several Ordinaries the presentments of such enormities as have hapned in their Parishes since their last Presentments And this duty they shall perform before the newly chosen Church-wardens and Side-men be sworn and shall not be suffered to pass over the said presentments to those that are newly come into Office and are by intendment ignorant of such crimes under pain of those censures which are appointed for the reformation of such dalliers and dispencers with their own Consciences and Oaths CXIX Convenient time to be assigned for framing Presentments FOr the avoiding of such inconveniences as heretofore have happened by the hasty making of Bills of Presentments upon the days of the Visitation and Synods it is ordered That always hereafter every Chancellor Archdeacon Commissary and Official and every other person having Ecclesiastical Jurisdiction at the ordinary time when the Church-wardens are sworn and the Archbishop and Bishops when he or they do summon their Visitation shall deliver or cause to be delivered to the Church-wardens Quest-men and Side-men of every Parish or to some of them such Books of Articles as they or any of them shall require for the year following the said Church-wardens Quest-men and Side-men to ground their presentments upon at such times as they are to exhibit them In which Book shall be contained the form of the Oath which must be taken immediately before every such presentment to the intent that having beforehand time sufficient not only to peruse and consider what their said Oath shall be but the Articles also whereupon they are to ground their Presentments they may frame them at home both advisedly and truly to the discharge of their own Consciences after they are sworn as becometh honest and godly men CXX None to be cited into Ecclesiastical Courts by Process of Quorum nomina NO Bishop Chancellor Archdeacon Official or other Ecclesiastical Judge shall suffer any general Processes of Quorum nomina to be sent out of his Court except the names of all such as thereby are to be cited shall be first expresly entered by the hand of the Register or his Deputy under the said Processes and the said Processes and names be first subscribed by the Judge or his Deputy and his Seal thereto affixed CXXI None to be cited into several Courts for one Crime IN places where the Bishop and Archdeacon do by prescription or composition visit at several times in one and the same year lest for one and the self same fault any of his Majesties Subjects should be challenged and molested in divers Ecclesiastical Courts We order and appoint That every Archdeacon or his Official within one month after the Visitation ended that year and the presentments received shall certifie under his Hand and Seal to the Bishop or his Chancellor the names and crimes of all such as are detected and presented in his said Visitation to the end the Chancellor shall thenceforth forbear to convent any person for any crime or cause so detected or presented to the Archdeacon And the Chancellor within the like time after the Bishops Visitation ended and Presentments received shall under his Hand and Seal signifie to the Archdeacon or his Official the names and crimes of all such persons which shall be detected or presented unto him in that Visitation to the same intent as is aforesaid And if these Officers shall not certifie each other as is here prescribed or after such Certificate shall intermeddle with the crimes or persons detected and presented in each other Visitation then every of them so offending shall be suspended from all exercise of his Jurisdiction by the Bishop of the Diocess until he shall repay the costs and expences which the parties grieved have been at by that vexation CXXII No Sentence of Deprivation or Deposition to be pronounced against a Minister but by the Bishop WHEN any Minister is complained of in any Ecclesiastical Court belonging to any Bishop of his Province for any Crime the Chancellor Commissary Official or any other having Ecclesiastical Jurisdiction to whom it shall appertain shall expedite the cause by Processes and other proceedings against him and upon contumacy for not appearing shall first suspend him and afterwards his Contumacy continuing excommunicate him But if he appear and submit himself to the Course of Law then the matter being ready for Sentence and the merits of his offence exacting by Law either deprivation from his Living or deposition from the Ministry no such Sentence shall be pronounced by any Person whosoever but only by the Bishop with the assistance of his Chancellor the Dean if they may conveniently be had and some of the Prebendaries if the Court be kept near the Cathedral Church or of the Arch-deacon if he may be had conveniently and two other at the least grave Ministers and Preachers to be called by the Bishop when the Court is kept in other places CXXIII
for two Court days without the Counsel and advice of an Advocate under pain of a years suspension from his Practice neither shall the Judge have power to release or mitigate the said penalty without express Mandate and Authority from the Arch-Bishop aforesaid CXXXI Proctors not to conclude in any cause without the knowledge of an Advocate NO Judge in any of the said Courts of the Arch-Bishop shall admit any Libel or any other matter without the advice of an Advocate admitted to practice in the same Court or without his subscription neither shall any Proctor conclude any Cause depending without the knowledge of the Advocate retained and fee'd in the cause which if any Proctor shall do or procure to be done or shall by any colour whatsoever defraude the Advocate of his Duty or Fee or shall be negligent in repairing to the Advocate and requiring his Advice what course is to be taken in the cause he shall be suspended from all practice for the space of six months without hope of being thereunto restored before the said term be fully compleat CXXXII Proctors prohibited the Oath In Animam Domini sui FOrasmuch as in the probate of Testaments and Suits for Administration of the Goods of persons dying Intestate the Oath usually taken by Proctors of Courts In animam constituentis is found to be inconvenient We do therefore decree and ordain That every Executor or Suiter for Administration shall personally repair to the Judge in that behalf or his Surrogate and in his own person and not by Proctor take the Oath accustomed in these cases But if by reason of sickness or age or any other just let or impediment he be not able to make his personal appearance before the Judge it shall be lawful for the Judge there being faith first made by a credible person of the truth of his said hinderance or impediment to grant a Commission to some grave Ecclesiastical person abiding near the party aforesaid whereby he shall give power and Authority to the said Ecclesiastical person in his stead to minister the accustomed Oath above mentioned to the Executor or Suiter for such Administration requiring his said Substitute that by a faithful and trusty Messenger he certifie the said Judge truly and faithfully what he hath done therein Lastly we ordain and appoint That no Judge or Register shall in any wise receive for the Writing Drawing or Sealing of any such Commission above the sum of six shillings and eight pence whereof one moyety to be for the Judge and the other for the Register of the said Court CXXXIII Proctors not to be clamorous in Court FOrasmuch as it is found by experience that the loud and confused cries and clamours of Proctors in the Courts of the Arch-Bishop are not only troublesom and offensive to the Judges and Advocates but also give occasion to the standers by of contempt and calumny toward the Court it self that more respect may be had to the Dignity of the Judge then heretofore and that causes may more easily and commodiously be handled and dispatched we charge and enjoyn That all Proctors in the said Courts do especially intend that the Acts be faithfully entred and set down by the Register according to the advice and direction of the Advocate that the said Proctors refrain loud speech and brabling and behave themselves quietly and modestly and that when either the Judges or Advocates or any of them shall happen to speak they presently be silent upon pain of silencing for two whole Terms then immediately following every such offence of theirs And if any of them shall the second time offend herein and after due monition shall not reform himself let him be for ever removed from his practice Registers CXXXIV Abuses to be reformed in Register IF any Register or his Deputy or Substitute whatsoever shall receive any Certificate without the knowledge and consent of the Judge of the Court or willingly omit to cause any person cited to appear upon any Court day to be called or unduly put off and defer the examination of witnesses to be examined by a day set and assigned by the Judge or do not obey and observe the judicial and lawful monition of the said Judge or omit to write or cause to be written such Citations and Decrees as are to be put in execution and set forth before the next Court day or shall not cause all Testaments exhibited into his Office to be Registred within a convenient time or shall set down or enact as decreed by the Judge any thing false or conceited by himself and not so ordered oâ— decreed by the Judge or in the transmission of Processes to the Judge Ad quem shall add or insert any falsehood or untruth or omit any thing therein either by cunning or by gross negligence or in causes of Instance or promoted of Office shall receive any reward in favour of either party or to be of counsel directly or indirectly with either of the parties in Suit or in the execution of their Office shall do ought else maliciously or fraudulently whereby the said Ecclesiastical Judge or his proceedings may be slandered or defamed We Will and Ordain that the said Register or his Deputy or Substitute offending in all or any of the premisses shall by the Bishop of the Diocess be Suspended from the exercise of his Office for the space of one two or three months or more according to the quality of his offence and that the said Bishop shall assign some other public Notary to execute and discharge all things pertaining to his Office during the time of his said Suspension CXXXV A certain rate of Fees due to all Ecclesiastical Officers NO Bishop Suffragan Chancellor Commissary Arch-Deacon Official nor any other exercising Ecclesiastical Jurisdiction whatsoever nor any Register of any Ecclesiastical Courts nor any Minister belonging to any of the said Officers or Courts shall hereafter for any cause incident to their several Offices take or receive any other or greater Fees then such as were certified to the most Reverend Father in God John late Arch-Bishop of Canterbury in the year of our Lord God One thousand five hundred ninety and seven and were by him ratified and and approved under pain that every such Judge Officer or Minister offending herein shall be Suspended from the exercise of their several Offices for the space of six Months for every such offence Always provided that if any question shall arise concerning the certainty of the said Fees or any of them those Fees shall be held for lawful which the Arch-Bishop of Canterbury for the time being shall under his Hand approve except the Statutes of this Realm before made do in any particular case express some other Fees to be due Provided furthermore that no Fee or Money shall be received either by the Arch-Bishop or any Bishop or Suffragan either directly or indirectly for admitting of any into Sacred Orders nor that any other person or persons under the
said Arch-Bishop Bishop or Suffragan shall for Parchment Writing Wax Sealing or any other respect thereunto appertaining take above ten shillings under such pains as are already by Law prescribed CXXXVI A Table of the Rates and Fees to be set up in Courts and Registries VVE do likewise constitute and appoint That the Registers belonging to every such Ecclesiastical Judge shall place two Tables containing the several Rates and Sums of all the said Fees one in the usual place or Consistory where the Court is kept and the other in his Registry and both of them in such sort as every man whom it concerneth may without difficulty come to the view and perusal thereof and take a Copy of them the same Tables to be so set up before the Feast of the Nativity next ensuing And if any Register shall fail to place the said Tables according to the Tenour hereof he shall be Suspended from the execution of his Office until he cause the same to be accordingly done And the said Tables being once set up if he shall at any time remove or suffer the same to be removed hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for every such offence be Suspended from the exercise of his Office for the space of six Months CXXXVII The whole Fees for shewing Letters of Orders and other Licences due but once in every Bishops time FOrasmuch as a chief and principal cause and use of Visitation is that the Bishop Arch-Deacon or other assigned to Visit may get some good knowledge of the State Sufficiency and Ability of the Clergy and other persons whom they are to Visit We think it convenient that every Parson Vicar Curate Schoolmaster or other person Licensed whosoever do at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibit unto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoever to be by the said Bishop either allowed or if there be just cause disallowed and rejected and being by him approved to be as the custom is signed by the Register and that the whole Fees accustomed to be paid in the Visitations in respect of the Premisses be paid only once in the whole time of every Bishop and afterwards but half of the said accustomed Fees in every other Visitation during the said Bishops continuance Apparitors CXXXVIII The Number of Apparitors restrained FOrasmuch as we are desirous to redress such abuses and aggrievances as are said to grow by Somners or Apparitors We think it meet that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordain That no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or have more Apparitors to serve in their Jurisdictions respectively then either they or their Predecessors were accustomed to have thirty years before the publishing of these our present Constitutitions All which Apparitors shall by themselves faithfully execute their Offices neither shall they by any colour or pretence whatsoever cause or suffer their Mandates to be executed by any Messengers or Substitutes unless it be upon some good cause to be first known and approved by the Ordinary of the place Moreover they shall not take upon them the Office of Promoters or Informers for the Court neither shall they exact more or greater Fees than are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the fore said limitation or any of the said Apparitors shall offend in any of the Premisses the Persons deputing them if they be Bishops shall upon Admonition of their Superiour discharge the Persons exceeding the number so limited If inferiour Ordinaries they shall be suspended from the execution of their Office until they have dismissed the Apparitors by them so deputed and the Parties themselves so deputed shall for ever be removed from the Office of Apparitors and if being so removed they desist not from the exercise of their said Offices let them be punished by Ecclesiastical censures as persons contumacious Provided that if upon experience the number of the said Apparitors be too great in any Diocess in the judgment of the Archbishop of Canturbury for the time being they shall by him be so abridged as he shall think meet and convenient Authority of Synods CXXXIX A National Synod the Church Representative WHosoever shall hereafter affirm that the sacred Synod of this Nation in the Name of Christ and by the KING's Authority assembled is not the true Church of England by representation let him be Excommunicated and not restored until he repent and publickly revoke that his wicked Error CXL Synods conclude as well the absent as the present WHosoever shall affirm That no manner of person either of the Clergy or Laity not being themselves particularly assembled in the said sacred Synod are to be subject to the Decrees thereof in causes Ecclesiastical made and ratified by the Kings Majesties supream Authority as not having given their voices unto them let him be Excommunicated and not restored until he repent and publickly revoke that his wicked Error CXLI Depravers of the Synod censured WHosoever shall hereafter affirm That the sacred Synod assembled as aforesaid was a company of such persons as did conspire together against godly and religious professors of the Gospel and that therefore both they and their proceedings in making of Canons and Constitutions in causes Ecclesiastical by the Kings Authority as aforesaid ought to be despised and contemned the same being ratified confirmed and enjoyed by the said Regal Power Supremacy and Authority let them be Excommunicated and not restored until they repent and publickly revoke that their wicked Error WE of our Princely inclination and Royal care for the maintenance of the present Estate and Government of the Church of England by the Laws of this our Realm now settled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed and finding the same such as We are perswaded will be very profitable not only to our Clergy but to the whole Church of this our Kingdom and to all the true members of it if they be well observed Have therefore Us our Heirs and lawful Successors of our special Grace certain Knowledge and meer Motion given and by these presents do give our Royal Assent according to the form of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and Constitutions and to all and every thing in them contained as they are before written And furthermore We do not only by our said Prerogative Royal and supream Authority in Causes Ecclesiastical ratifie confirm and establish by these our Letters Patents the said Canons Orders Ordinances and Constitutions and all and