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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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for not presenting oftner then twice a yeere The olde Churchwardens to make their presentments before the new be sworne Conuenient time to bee assigned for framing Presentments None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina None to be cited into seueral Courts for one crime No sentence of Depriuation or Deposition to bee pronounced against a Minister but by the Bishop No Acte to be sped but in open Court No Court to haue more then one Seale Conuenient places to bee chosen for the keeping of Courts Peculier and inferior Courts to exhibite the originall copies of Wills into the Bishops Registry ¶ Iudges of Ecclesiasticall Courts THe Qualitie and oath of Iudges The Qualitie of Surrogats ¶ Proctors PRoctors not to retaine Causes without the lawfull assignement of the parties Proctors not to retaine Causes without the counsell of an Aduocate Proctors not to conclude in any Cause without the knowledge of an Aduocate Proctors prohibited the oath In animam Domini sui Proctors not to be clamorous in Court ¶ Registers A Buses to be reformed in Registers A certaine rate of Fees due to all Ecclesiasticall Officers A Table of the rates of Fees to be set vp in Courts and Registries The whole Fees for shewing Letters of Orders and other Licences due but once in euery Bishops time ¶ Apparitors THE number of Apparitors restrained ¶ Authoritie of Synods A Nationall Synode the Church representatiue Synods conclude aswell the absent as the present Deprauers of the Synode censured IAMES by the grace of God King of England Scotland France and Ireland defender of the faith c. To all to whom these presents shall come Greeting Whereas our Bishops Deanes of our Cathedrall Churches Archdeacons Chapters and Colleges the other Cleargie of euery Diocesse within the Prouince of Canterbury being summoned called by vertue of our Writ directed to the most reuerend father in God IOHN late Archbishop of Canterbury and bearing date the 31. day of Ianuary in the first yeere of our Raigne of England France and Ireland and of Scotland the 37. to haue appeared before him in our Cathedrall Church of Saint Paul in London the 20. day of March then next ensuing or elsewhere as he should haue thought it most conuenient to treat consent and conclude vpon certaine difficult and vrgent affaires mentioned in the said Writte Did thereupon at the time appointed and within the Cathedrall Church of Saint Paul aforesaid assemble themselues and appeare in Conuocation for that purpose according to our said Writte before the Right reuerend Father in God Richard Bishop of London duely vpon a second Writte of Ours dated the 9. day of March aforesaid authorized appointed and constituted by reason of the saide Archbishop of Canterbury his death President of the said Conuocation to execute those things which by vertue of our first Writ did appertaine to him the said Archbishop to haue executed if he had liued Wee for diuers vrgent and weighty causes and considerations vs thereunto especially mouing of our especial grace certaine knowledge and meere motion did by vertue of our Prerogatiue royal and supreme Authoritie in causes Ecclesiastical giue and grant by our seuerall Letters Patents vnder our great Seale of England the one dated the 12. day of April last past and the other the 25. day of Iune then next following full free and lawfull libertie licence power and Authoritie vnto the said Bishop of London President of the said Conuocation and to the other Bishops Deanes Archdeacons Chapters and Colleges and the rest of the Cleargie before mentioned of the said Prouince That they from time to time during our first Parliament now prorogued might conferre treate debate consider consult and agree of and vpon such Canons Orders Ordinances and Constitutions as they should thinke necessary fit conuenient for the honour and seruice of Almighty God the good and quiet of the Church and the better gouernement thereof to be from time to time obserued perfourmed fulfilled and kept aswel by the Archbishops of Canterbury the Bishops their Successours and the rest of the whole Clergie of the sayd Prouince of Canterbury in their several Callings Offices Functions Ministeries Degrees and administrations as also by all and euery Deane of the Arches and other Iudge of the sayd Archbishops Courts Gardians of Spiritualties Chancellors Deanes and Chapters Archdeacons Commissaries Officials Registers and all and euery other Ecclesiasticall Officers and their inferiour Ministers whatsoeuer of the same Prouince of Canterburie in their and euery of their distinct Courts and in the order and maner of their and euery of their proceedings and by all other persons mthin this Realme as farre as lawfully being members of the Church it may concerne them as in our sayd Letters Patents amongst other clauses more at large doth appeare Forasmuch as the sayd Bishop of London President of the sayd Conuocation and others the sayd Bishops Deanes Archdeacons Chapters and Colledges with the rest of the Clergie hauing met together at the time and place before mentioned and then and there by vertue of our said authority granted vnto them treated of concluded and agreed vpon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed vnto them and haue thereupon offred and presented the same vnto Vs most humbly desiring Vs to giue our Royal assent vnto their sayd Canons Orders Ordinances and Constitutions according to the forme of a certaine Statute or Acte of Parliament made in that behalfe in the xxv yeere of the Reigne of King Henry the eight and by our sayd Prerogatiue Royall and supreme Authority in causes Ecclesiasticall to ratifie by our Letters Patents vnder our great Seale of England and to confirme the same the title and tenour of them being word for word as ensueth Constitutions and Canons Ecclesiasticall treated vpon by the Bishop of London President of the Conuocation for the Prouince of Canterbury and the rest of the Bishops and Cleargie of the said Prouince and agreed vpon with the Kings Maiesties licence in their Synode begun at London An. Dom. 1603 And in the yeere of the raigne of our Soueraigne Lord Iames by the grace of God King of England France and Ireland the first and of Scotland the 37. ❧ Of the Church of England I. The Kings supremacie ouer the Church of England in causes Ecclesiasticall to be maintained AS our duety to the Kings most Excellent Maiestie requireth wee first decree and ordaine That the Archbishop of Canterbury from time to time all Bishops of this prouince all Deanes Archdeacons Parsons Vicars and all other Ecclesiasticall persons shall faithfully keepe and obserue and as much as in them lieth shall cause to bee obserued and kept of others all and singuler Lawes and statutes made for restoring to the Crowne of this kingdome the ancient Iurisdiction ouer the state Ecclesiastical and abolishing of all forren power-repugnant to the same Furthermore al Ecclesiastical
suffered to preach pendente lite LIIII The Licences of Preachers refusing Conformitie to be voyd IF any man licenced heretofore to preach by any Archbishop Bishop or by either of the Vniuersities shall at any time from henceforth refuse to conforme himselfe to the Lawes Ordinances and Rites Ecclesiasticall established in the Church of England he shall be admonished by the Bishop of the Diocesse or Ordinary of the place to submit himselfe to the vse and due exercise of the same And if after such admonition he doe not conforme himselfe within the space of one moneth We determine and decree That the licence of euery such Preacher shall thereupon bee vtterly voyde and of none effect LV. The forme of a Prayer to bee vsed by Preachers before their Sermons BEfore all Sermons Lectures and Homilies the Preachers Ministers shall moue the people to ioine with them in prayer in this forme or to this effect as briefly as conueniently they may Ye shal pray for Christs holy Catholike Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Maiestie our Soueraigne Lord IAMES King of England Scotland France and Ireland Defendour of the Faith Supreme Gouernour in these his Realmes and all other his Dominions and Countries ouer all persons in all causes aswell Ecclesiasticall as Temporall Ye shall also pray for our gracious Queene ANNE the Noble Prince HENRY and the rest of the King and Queenes Royall Issue Ye shall also pray for the Ministers of Gods holy word Sacraments aswell Archbishops and Bishops as other Pastours and Curates Ye shall also pray for the Kings most honourable Counsell and for all the Nobilitie and Magistrates of this Realme that all euery of these in their seuerall Callings may serue truely and painefully to the glory of God and the edifying and well gouerning of his people remembring the accompt that they must make Also yee shall pray for the whole Commons of this Realme that they may liue in true Faith and feare of God in humble obedience to the King and brotherly charitie one to another Finally let vs praise God for all those which are departed out of this life in the Faith of Christ and pray vnto God that wee may haue grace to direct our liues after their good example that this life ended wee may be made partakers with them of the glorious Resurrection in the life Euerlasting alwayes concluding with the Lords prayer LVI Preachers and Lecturers to reade diuine Seruice and administer the Sacraments twise a yeere at the least EVery Minister being possessed of a Benefice that hath Cure and Charge of soules although he chiefly attend to preaching and hath a Curate vnder him to execute the other duties which are to be performed for him in the Church and likewise euery other stipendarie Preacher that readeth any Lecture or Catechizeth or Preacheth in any Church or Chappell shall twise at the least euery yeere reade himselfe the diuine Seruice vpon two seuerall Sundayes publikely and at the vsuall times both in the Forenoone and Afternoone in the Church which he so possesseth or where he Readeth Catechizeth or Preacheth as is aforesaid and shal likewise as often in euery yeere administer the Sacraments of Baptisme if there be any to be baptized of the Lords Supper in such maner forme and with the obseruation of all such Rites and Ceremonies as are prescribed by the booke of Common prayer in that behalfe which if hee doe not accordingly performe then shall he that is possessed of a Benefice as before bee suspended and he thatis but aReader Preacher or Catechizer be remoued from his place by the Bishop of the Diocesse vntil he or they shal submit themselues to performe all the said duties in such mater and ●ort as before is prescribed LVII The Sacraments not to be refused at the hands of vnpreaching Ministers WHereas diuers Persons seduced by false Teachers doe refuse to haue their children baptized by a Minister that is no Preacher and to receiue the holy Communion at his hands in the same respect as though the vertue of those Sacraments did depend vpon his ability to preach Forasmuch as the doctrine both of Baptisme and of the Lords Supper is sufficiently set downe in the booke of Common prayer to bee vsed at the administration of the said Sacraments as nothing can be added vnto it that is material and necessary We doe require and charge euery such person seduced as aforesayd to reforme that their wilfulnesse and to submit himselfe to the order of the Church in that behalfe both the said Sacraments being equally effectual whether they be ministred by a Minister that is no Preacher or by one that is a Preacher And if any hereafter shal offend herein or leaue their owne Parish Churches in that respect and Communicate or caus● their children to be Baptized in other Parishes abroad and will not bee mooued thereby to reforme that their error and vnlawfull course let them be presented to the Ordinarie of the place by the Minister Churchwardens and Sidemen or Questmen of the Parishes where they dwel and there receiue such punishment by Ecclesiasticall censures as such obstinacie doth worthily deserue that is Let them persisting in their wilfulnesse be suspended and then after a moneths further obstinacie Excommunicated And likewise if any Parson Vicar or Curate shal after the publishing hereof either receiue to the Communion any such persons which are not of his owne Church Parish or shall Baptize any of their children thereby strengthening them in their said errours Let him bee suspended and not released thereof vntill hee doe faithfully promise that hee will not afterwards offend therein LVIII Ministers reading Diuine Seruice and Administring the Sacraments to weare Surplisses and Graduats therewithall Hoods EVery Minister saying the publike Praiers or ministring the Sacraments or other Rites of the Church shall weare a decent and comely Surplisse with sleeues to be prouided at the charge of the Parish And if any question arise touching the matter decencie or comlinesse thereof the same shal be decided by the discretion of the Ordinary Furthermore such Ministers as are Graduats shall weare vpon their Surplisses at such times such Hoods as by the orders of the Vniuersities are agreeable to their degrees which no Minister shall weare being no Graduat vnder paine of suspension Notwithstanding it shal be lawfull for such Ministers as are not Graduats to weare vpon their Surplisses in stead of Hoods some decent Tippet of black so it be not silke LIX Ministers to Catechize euery Sunday EVery Parson Vicar or Curate vpon euery Sunday and Holy day before Euening prayer shall for halfe an houre or more examine and instruct the youth and ignorant persons of his Parish in the ten Commandements the Articles of the Beliefe
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