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A72019 Constitutio[ns] and canons ecclesiasticall treated vpon by the Bishop of London, president of the conuocation for the prouince of Canterbury, and the rest of the bishops and clergie of the said prouince: and agreed vpon with the Kings Maiesties licence in their synode begun at London anno Dom. 1603. And in the yeere of the raigne of our soueraigne Lord Iames by the grace of God King of England, France and Ireland the first, and of Scotland the 37. And now published for the due obseruation of them by his Maiesties authoritie, vnder the great Seale of England.; Constitutions and canons. 1603. English Church of England. 1604 (1604) STC 10070.5; ESTC S124736 53,373 350

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Of the Church of England THe Kings supremacie ouer the Church of England in causes Ecclesiasticall to be maintained Impugners of the Kings Supremacie censured The Church of England a true and Apostolicall Church Impugners of the publike worship of God established in the Church of England censured Impugners of the Articles of Religion established in the Church of England censured Impugners of the Rites and Ceremonies established in the Church of England censured Impugners of the gouernement of the Church of England by Archbishops Bishops c. censured Impugners of the forme of consecrating and ordering Archbishops Bishops c. in the Church of England censured Authors of Schisme in the Church of England censured Maintainers of Schismatickes in the Church of England censured Maintainers of Conuenticles censured Maintainers of Constitutions made in Conuenticles censured ¶ Of Diuine Seruice and Administration of the Sacraments DVe celebration of Sundayes Holy daies The prescript forme of Diuine Seruice to be vsed on Sundayes and Holy dayes The Letanie to bee read on Wednesdayes and Fridayes Colledges to vse the prescript forme of Diuine Seruice Students in Colledges to weare Surplisses in time of Diuine Seruice Reuerence and attention to bee vsed within the Church in time of Diuine Seruice Loyterers not to bee suffered neere the Church in time of Diuine Seruice Bread and VVine to bee prouided against euery Communion The Communion to be thrice a yeere receiued VVarning to be giuen beforehand for the Communion Students in alledges to receiue the Communion foure times a yeere Copes to be worne in Cathedral Churches by those that administer the Communion Surplisses and Hoods to bee worne in Cathedrall Churches when there is no Communion Notorious offendours not to bee admitted to the Communion Schismaticks not to bee admitted to the Communion Strangers not to bee admitted to the Communion Fathers not to be Godfathers in Baptisme nor children not Communicants The lawfull vse of the Crosse in Baptisme explaned ¶ Ministers their Ordination Function and Charge FOure solemne times appointed for the making of Ministers None to bee made Deacon and Minister both in one day The Titles of such as are to be made Ministers The qualitie of such as are to be made Ministers The examination of such as are to be made Ministers Subscription required of such as are to bee made Ministers The Articles of Subscription The forme of Subscription Subscription before the Diocesan Reuolters after Subscription censured Cautions for institution of Ministers into Benefices An oath against Symonie at institution into Benefices Licences for pluralitie of Benefices limited and Residence enioyned Residence of Deanes in their Churches Deanes and Prebendaries to Preach during their Residence Prebendaries to be resident vpon their Benefices Beneficed Preachers being resident vpon their liuings to preach euery Sunday Beneficed men not Preachers to procure monethly Sermons Absence of Beneficed men to be supplied by Curates that are allowed Preachers None to be Curats but allowed by the Bishop Ministers not allowed Preachers may not expound Strangers not admitted to Preach without shewing their Licence Strangers not admitted to preach in Cathedrall Churches without sufficient authoritie The names of strange Preachers to bee noted in a Booke No publike opposition betweene Preachers The Licences of Preachers refusing Conformitie to be voyd The forme of a Prayer to bee vsed by Preachers before their Sermons Preachers and Lecturers to reade diuine Seruice and administer the Sacraments twise a yeere at the least The Sacraments not to bee refused at the hands of vnpreaching Ministers Ministers reading Diuine Seruice and Administring the Sacraments to weare Surplisses and Graduats therewithall Hoods Ministers to Catechize euery Sunday Confirmation to bee perfourmed once in three yeeres Ministers to prepare children for Confirmation Ministers not to marrie any persons without Bannes or Licence Ministers of exempt Churches not to marry without Bannes or Licence Ministers solemnly to bid Holy dayes Ministers solemnly to denounce Recusants and Excommunicats Ministers to conferre with Recusants Ministers to visite the sicke Ministers not to refuse to christen or bury Ministers not to deferre Christening if the childe be in danger Ministers to keepe a Register of Christnings Weddings and Burials Ministers not to Preach or administer the Communion in priuate houses Ministers not to appoint publike or priuate Fasts or Prophesies or to exorcize but by authority Ministers not to hold priuate Conuenticles Decencie in apparell enioyned to Ministers Sober conuersation required in Ministers Ministers at no time to forsake their Calling ¶ Schoolemasters NOne to teach Schoole without Licence Curats desirous to Teach to bee licenced before others The duetie of Schoolemasters ¶ Things appertaining to Churches THE great Bible and Booke of Common prayer to be had in euery Church A Font of stone for Baptisme in euery Church A decent Communion Table in euery Church A Pulpit to be prouided in euery Church A Chest for Almes in euery Church Churches to be kept in sufficient reparations Churches to be suruayed and the decayes certified to the high Commissioners A Terrier of Glebelands and other Possessions belonging to Churches Churches not to be prophaned ¶ Churchwardens Questmen and Sidemen THe choise of Churchwardens and their accompt The choise of Sidemen and their ioynt Office with Churchwardens ¶ Parish Clearks PArish Clearkes to bee chosen by the Minister ¶ Ecclesiasticall Courts belonging to the Archbishops Iurisdiction NOne to be Cited into diuers Courts for probate of the same Will The Rate of Bona notabilia liable to the Prerogatiue Court None to be Cited into the Arches or Audience but dwellers within the Archbishops Diocesse or Peculiars The restraint of double Quarrels Inhibitions not to be granted without the subscription of an Aduocate Inhibitions not to be graunted vntill the Appeale be exhibited to the Iudge Inhibitions not to bee granted to factious Appellants vnlesse they first subscribe None to marrie within the degrees prohibited None to marrie vnder xxj yeeres without their Parents consent By whom Licences to marrie without Bannes shal be granted and to what sort of persons Securitie to bee taken at the granting of such Licences and vnder what conditions Oathes to be taken for the Conditions An exception for those that are in Widowhood No Sentence for Diuorce to bee giuen vpon the sole confession of the parties No Sentence for Diuorce to be giuen but in open Court In all Sentences for Diuorce bond to be taken for not marrying during each others life The penaltie for Iudges offending in the premisses ¶ Ecclesiasticall Courts belonging to Bishops and inferior Ordinaries and the proceedings in them NOtorious crimes and scandals to be certified into Ecclesiastical Courts by presentment Schismatickes to be presented Disturbers of diuine Seruice to be presented Not Communicants at Easter to be presented Ministers may present Ministers shall present Recusants Ministers and Churchwardens not to bee sued for presenting Churchwardens not bound to present oftner then twice a yeere Churchwardens not to be troubled
persons hauing cure of soules and all other Preachers and Readers of Diuinitie lectures shall to the vttermost of their wit knowledge and learning purely and sincerely without any colour or dissimulation teach manifest open and declare foure times euery yeere at the least in their Sermons and other Collations and lectures That all vsurped and forren power forasmuch as the same hath no establishment nor ground by the law of God is for most iust causes taken away and abolished and that therefore no maner of obedience or subiection within his Maiesties Realmes and Dominions is due vnto any such forren power but that the Kings power within his Realmes of England Scotland and Ireland and all other his Dominions and Countreys is the highest power vnder God to whom all men aswell inhabitants as borne within the same do by Gods Lawes owe most loyalty and obedience afore and aboue all other Powers and Potentates in earth II. Impugners of the Kings supremacie censured WHosoeuer shal hereafter affirme that the Kings Maiesty hath not the same authority in causes Ecclesiastical that the godly Kings had amongst the Iewes and Christian Emperors in the Primitiue Church or impeach in any part his Regall supremacie in the said causes restored to the Crowne and by the Lawes of this Realme therein established let him bee excommunicated ipso facto and not restored but only by the Archbishop after his repentance and publike reuocation of those his wicked errours III. The Church of England a true and Apostolicall Church WHosoeuer shall hereafter affirme that the Church of England by Lawe established vnder the Kings Maiestie is not a true and an Apostolical Church teaching maintaining the doctrine of the Apostles let him be excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of this his wicked errour IIII. Impugners of the publike worship of God established in the Church of England censured WHosoeuer shall herafter affirme that the forme of Gods worship in the Church of England established by Law and conteined in the booke of Common Prayer and administration of Sacraments is a corrupt superstitious or vnlawfull 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 publike reuocation of such his wicked errors V. Impugners of the Articles of Religion established in the Church of England censured WHosoeuer shall hereafter affirme that any of the nine and thirtie Articles agreed vpon by the Archbishops and Bishops of both Prouinces and the whole Cleargy in the Conuocation holden at LONDON in the yeere of our Lorde God one thousand fiue hundred sixty two for the auoiding of diuersities of opinions and for the establishing of consent touching true Religion are in any part superstitious or erroneous or such as hee may not with a good conscience subscribe vnto let him bee excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of such his wicked errors VI. Impugners of the Rites and Ceremonies established in the Church of England censured WHosoeuer shal hereafter affirme that the Rites and Ceremonies of the Church of England by Law established are wicked Antichristian or superstitious or such as beeing commanded by lawfull authoritie men who are zealously and godly affected may not with any good conscience approue them vse them or as occasion requireth subscribe vnto them let him bee excommunicated ipso facto and not restored vntill he repent and publikely reuoke such his wicked errours VII Impugners of the gouernment of the Church of England by Archbishops Bishops c. censured WHosoeuer shal hereafter affirme that the gouernement of the Church of England vnder his Maiesty by Archbishops Bishops Deanes Archdeacons and the rest that beare office in the same is Antichristian or repugnant to the word of God let him be excommunicated ipso facto and so continue vntill he repent and publikely reuoke such his wicked errors VIII Impugners of the forme of consecrating and ordering Archbishops Bishops c. in the Church of England censured WHosoeuer shall hereafter affirme or teach that the fourme and maner of making and consecrating Bishops Priests or Deacons conteineth any thing in it that is repugnant to the word of God or that they who are made Bishops Priestes or Deacons in that forme are not lawfully made nor ought to be accounted either by themselues or by others to be truly either Bishops Priests or Deacons vntil they haue some other calling to those diuine Offices let him bee excommunicated ipso facto not to bee restored vntill he repent and publikely reuoke such his wicked errours IX Authours of Schisme in the Church of England censured WHosoeuer shall hereafter separate themselues from the Communion of Saints as it is approoued by the Apostles rules in the Church of England combine themselues together in a new brotherhood accounting the Christians who are conformable to the Doctrine Gouernment Rites and Ceremonies of the Church of England to be prophane and vnmeete for them to ioyne with in Christian profession let them bee excommunicated ipso facto and not restored but by the Archbishop after their repentance and publike reuocation of such their wicked errors X. Maintainers of Schismatickes in the Church of England censured WHosoeuer shall heerafter affirme That such Ministers as refuse to subscribe to the forme and maner of Gods worship in the Church of England prescribed in the Communion Booke and their adherents may truly take vnto them the name of another Church not established by Lawe and dare presume to publish it that this their pretended Church hath of long time groaned vnder the burden of certaine grieuances imposed vpon it and vpon 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 vntill they repent and publikely reuoke such their wicked errors XI Maintainers of Conuenticles censured WHosoeuer shall hereafter affirme or maintaine That there are within this Realme other meetings assemblies or congregations of the Kings borne Subiects then such as by the lawes of this land are held and allowed which may rightly challenge to themselues the name of true and lawful Churches let him be excommunicated and not restored but by the Archbishop after his repentance and publike reuocation of such his wicked errors XII Maintainers of Constitutions made in Conuenticles censured WHosoeuer shal hereafter affirme that it is lawfull for any sort of Ministers and Lay persons or either of them to ioyne together and make Rules Orders or Constitutions in causes Ecclesiasticall without the Kings authoritie and shall submit themselues to be ruled and gouerned by them let them be excommunicated ipso facto and not be restored vntill they repent and publikely reuoke those their wicked and Anabaptisticall errors
XCVIII Inhibitions not to bee granted to factious Appellants vnlesse they first subscribe FOrasmuch as they who breake the Lawes cannot in reason claime any benefite or protection by the same Wee decree and appoint that after any Iudge Ecclesiasticall hath proceeded Iudicially against obstinate and factious persons and contemners of Ceremonies for not obseruing the Rites and Orders of the Church of England or for contempt of Publike prayer no Iudge ad quem shall admit or allow any his or their Appeales vnlesse he hauing first seene the originall Appeale the partie appellant doe first personally promise and auow that he wil faithfully keepe and obserue all the Rites and Ceremonies of the Church of England as also the prescript fourme of Common prayer and doe likewise subscribe to the three Articles formerly by vs specified and declared XCIX None to marry within the degrees prohibited NO persons shall marrie within the degrees prohibited by the Lawes of God and expressed in a Table set forth by authoritie in the yeere of our Lord God 1563. and all marriages so made contacted shall bee adiudged incestuous and vnlawfull and consequently shall be dissolued as voyd from the beginning and the parties so married shall by course of Law be separated And the aforesaid Table shall be in euery Church publikely set vp and fixed at the charge of the Parish C. None to marrie vnder xxj yeeres without their Parents consent NO children vnder the age of one and twentie yeeres complete shall contract themselues or marrie without the consent of their Parents or of their Guardians and Gouernours if their Parents be deceased CI. By whom Licences to marrie without Bannes shal be granted and to what sort of persons NO Facultie or Licence shal be henceforth granted for solemnization of Matrimonie betwixt any parties without thrice open publication of the Bannes according to the booke of Common prayer by any person exercising any Ecclesiasticall Iurisdiction or claiming any Priuiledges in the right of their Churches but the same shal be granted onely by such as haue Episcopall authoritie or the Commissary for Faculties Vicars generall of the Archbishops and Bishops sede plena or sede vacante the Guardian of the Spiritualties or Ordinaries exercising of right Episcopal Iurisdiction in their seuerall Iurisdictions respectiuely and vnto such persons onely as bee of good state and qualitie and that vpon good caution and securitie taken CII Securitie to be taken at the graunting of such Licences and vnder what conditions THe securitie mentioned shall containe these conditions First that at the time of the granting euery such Licence there is not any impediment of precontract consanguinitie affinitie or other lawfull cause to hinder the said marriage Secondly that there is not any controuersie or suit depending in any Court before any Ecclesiasticall Iudge touching any contract or marriage of either of the said parties with any other Thirdly that they haue obtained thereunto the expresse consent of their parents if they be liuing or otherwise of their Guardians or Gouernours Lastly that they shall celebrate the said Matrimonie publikely in the Parish Church or Chappell where one of them dwelleth and in no other place and that betweene the houres of eight and twelue in the forenoone CIII Oathes to be taken for the conditions FOr the auoiding of all fraud and collusion in the obtaining of such Licences Dispensations We further constitute and appoint That before any Licence for the Celebration of Matrimonie without publication of Bannes be had or granted it shall appeare to the Iudge by the oathes of two sufficient witnesses one of them to be knowen either to the Iudge himselfe or to some other person of good reputation then present and knowen likewise to the said Iudge that the expresse consent of the Parents or Parent if one bee dead or Gardians or Gardian of the parties is thereunto had and obtained And furthermore that one of the parties personally sweare that he beleeueth there is no let or impediment of precontract kindred or alliance or of any other lawfull cause whatsoeuer nor any suite commenced in any Ecclesiasticall Court to bar or hinder the proceeding of the said Matrimonie according to the tenour of the foresaid Licence CIIII. An exception of those that are in Widowhood IF both the parties which are to marry being in Widowhood do seeke a Facultie for the forbearing of Bannes then the clauses before mentioned requiring the Parents consents may be omitted but the Parishes where they dwell both shall be expressed in the Licence as also the Parish named where the Marriage shall be celebrated And if any Commissary for Faculties Vicars generall or other the said Ordinaries shal offend in the premisses or any part thereof he shall for euery time so offending be suspended from the execution of his Office for the space of sixe moneths and euery such Licence or dispensation shall be held voyd to al effects and purposes as if there had neuer bene any such granted and the parties marrying by vertue thereof shall bee subiect to the punishments which are appointed for Clandestine Marriages CV No Sentence for Diuorce to bee giuen vpon the sole confession of the parties FOrasmuch as Matrimoniall causes haue bene alwayes reckoned and reputed amongst the weightiest and therefore require the greater caution when they come to be handled and debated in Iudgement especially in causes wherein Matrimonie hauing bene in the Church duely solemnized is required vpon any suggestion or pretext whatsoeuer to bee dissolued or annulled Wee doe straightly charge and inioyne that in all proceedings to Diuorce and Nullities of Matrimonie good circumspection and aduice bee vsed and that the trueth may as farre as is possible bee sifted out by the deposition of witnesses and oth●● lawfull proofes and euictions and that credit be not giuen to the sole confession of the parties themselues howsoeuer taken vpon oath either within or without the Court. CVI. No Sentence for Diuorce to be giuen but in open Court NO Sentence shall be giuen either for separation à thoro mensa or for annulling of pretended Matrimonie but in open Court and in the seat of Iustice and that with the knowledge and consent either of the Archbishop within his Prouince or of the Bishop within his Diocesse or of the Deane of the Arches the Iudge of the Audience of Canterbury or of the Vicars general or other principall Officials or sede vacante of the Guardians of the Spiritualties or other Ordinaries to whom of right it apperteineth in their seuerall Iurisdictions and Courts and concerning them onely that are then dwelling vnder their Iurisdictions CVII In all Sentences for Diuorce bond to be taken for not marrying during each others life IN all Sentences pronounced onely for Diuorce and Separation à thoro mensa there shall bee a caution and restraint inserted in the Act of the said Sentence That the parties so separated shal liue chastly continently neither shall they during each others
yeere and many notwithstanding doe not receiue that Sacrament once in a yeere We doe require euery Minister to giue warning to his Parishioners publikely in the Church at Morning prayer the Sunday before euery time of his administring that holy Sacrament for their better preparation of themselues Which said warning We enioyne the sayd Parishioners to accept and obey vnder the penaltie and danger of the Law XXIII Students in Colledges to receiue the Communion foure times a yeere IN all Colledges and Halles within both the Vniuersities the Masters and Fellowes such especially as haue any Pupils shall be carefull that all their said Pupils and the rest that remaine amongst them be wel brought vp and throughly instructed in poynts of Religion that they doe diligently frequent publike Seruice and Sermons and receiue the holy Communion which we ordaine to be administred in all such Colledges and Halles the first or second Sunday of euery Moneth Requiring all the sayd Masters Fellowes and Schollers and all the rest of the Students Officers and all other the seruants there so to be ordered that euery one of them shall Communicate foure times in the yeere at the least kneeling reuerently and decently vpon their knees according to the order of the Communion Booke prescribed in that behalfe XXIIII Copes to be worne in Cathedral Churches by those that administer the Communion IN all Cathedrall and Collegiat Churches the holy Communion shall bee administred vpon principall Feast-dayes sometimes by the Bishop if he be present and sometimes by the Deane and at some times by a Canon or Prebendarie the principall Minister vsing a decent Coape and being assisted with the Gospeller and Epistler agreeably according to the Aduertisements published Anno 7. Elizabethae the said Communion to bee administred at such times and with such limitation as is specified in the Booke of Common prayer Prouided that no such limitation by any construction shall bee allowed of but that all Deanes Wardens Masters or Heads of Cathedrall and Collegiate Churches Prebendaries Canons Vicars Petticannons Singing-men and all others of the Foundation shall receiue the Communion foure times yeerely at the least XXV Surplisses and Hoods to bee worne in Cathedrall Churches when there is no Communion IN the time of Diuine Seruice and Prayers in all Cathedrall and Collegiat Churches when there is no Communion it shall bee sufficient to weare Surplisses sauing that all Deanes Masters and Heads of Collegiat Churches Canons and Prebendaries being Graduats shal daily at the times both of Prayer and Preaching weare with their Surplisses such Hoods as are agreeable to their degrees XXVI Notorious offendours not to bee admitted to the Communion NO Minister shal in any wise admit to the receiuing of the holy Communion any of his Cure or Flocke which bee openly knowen to liue in sinne notorious without repentance Nor any who haue maliciously and openly contended with their neighbours vntill they shall be reconciled Nor any Church-wardens or Sidemen who hauing taken their oathes to present to their Ordinaries all such publike offences as they are particularly charged to inquire of in their seuerall Parishes shall notwithstanding their said oathes and that their faithfull discharging of them is the chiefe meanes whereby publike sinnes and offences may be reformed and punished wittingly and willingly desperately and irreligiously incurre the horrible crime of Periurie either in neglecting or in refusing to present such of the sayd enormities and publike offences as they know themselues to be committed in their sayd Parishes or are notoriously offensiue to the Congregation there although they bee vrged by some of their neighbours or by their Minister or by their Ordinary himselfe to discharge their consciences by presenting of them and not to incurre so desperately the said horrible sinne of Periurie XXVII Schismaticks not to be admitted to the Cōmunion NO Minister when hee celebrateth the Communion shall wittingly administer the same to any but to such as kneele vnder paine of suspension nor vnder the like paine to any that refuse to bee present at publike Prayers according to the Orders of the Church of England nor to any that are common and notorious deprauers of the Booke of Common Prayer and administration of the Sacraments and of the Orders Rites and Ceremonies therein prescribed or of any thing that is conteined in any of the Articles agreed vpon in the Conuocation 1562. or of any thing conteined in the Book of ordering Priests and Bishops or to any that haue spoken against and depraued his Maiesties soueraigne Authoritie in causes Ecclesiasticall Except euery such person shall first acknowledge to the Minister before the Churchwardens his repentance for the same and promise by word if he cannot write that hee will doe so no more and except if he can write he shall first do the same vnder his hand-writing to bee deliuered to the Minister and by him sent to the Bishop of the Diocesse or Ordinarie of the place Prouided that euery Minister so repelling any as is specified either in this or in the next precedent Constitution shall vpon complaint or being required by the Ordinarie signifie the cause thereof vnto him and therein obey his Order and direction XXVIII Strangers not to be admitted to the Communion THe Churchwardens or Questmen and their Assistants shall marke aswell as the Minister whether all and euery of the Parishioners come so often euery yeere to the holy Communion as the Lawes and our Constitutions do require And whether any Strangers come often and commonly from other Parishes to their Church and shall shew their Minister of them lest perhaps they be admitted to the Lords Table amongst others which they shall forbid and remit such home to their owne parish Churches and Ministers there to receiue the Communion with the rest of their owne neighbours XXIX Fathers not to be Godfathers in Baptisme nor children not Communicants NO Parent shall bee vrged to bee present nor bee admitted to answere as Godfather for his owne child nor any Godfather or Godmother shal be suffred to make any other answere or speech then by the Booke of Common prayer is prescribed in that behalfe Neither shall any person be admitted Godfather or Godmother to any child at Christning or Confirmation before the said person so vndertaking hath receiued the holy Cōmunion XXX The lawfull vse of the Crosse in Baptisme explaned WEe are sorie that his Maiesties most princely care and paines taken in the Conference at Hampton Court amongst many other points touching this one of the Crosse in Baptisme hath taken no better effect with many but that still the vse of it in Baptisme is so greatly stuck at and impugned For the further declaration therfore of the true vse of this Ceremonie and for the remouing of all such scruple as might any wayes trouble the consciences of them who are indeed rightly religious following the royall steps of our most worthy King because he therein followeth the rules of the Scriptures