¶ All ministers of the chirche are bounden, to knowe and to beleue the .xiiii. artycles of the fayth catholyk, of whiche .vii. aperteyn & belonge to the mystery of the holy Trinite, and the other .vii. to the humanyte of Christe, as in this constitution and deere is rehersed.

IGnorātia sacerdotū & infra. That no person may excuse hym selfe by ignoraunce, but that he knowe thartycles of the faythe whiche all myny­sters of the chyrch be bounde to knowe, we shortly & bre­uely touche and reherse theym in maner and forme as here foloweth. For it is to be knowē that there be .vii. artycles of the faythe apperteynyng to the mistery of the Trinite, of whiche .vii. foure apparteyne and belonge to the priuites of the diuinite or godhed of the same Trinite, and thre belonge to theffectes that is to seye, the operation of god. The fyrste ar­ticle is the vnite of the essentie of god, that is to sey, that there is nomo but one god, in an vndiuisible and vnseparable Trinite of thre persones accordynge to the fyrst article of the Crede. Credo in vnum deum, that is to say in Englysshe, I beleue in one god. The secound article is to beleue the father vnbegoten, beynge of hym selfe and not of any other to [Page] be god. The thyrde is to beleue the son of god onely begoten to be god. The fourth is to be­leue the holy ghost to be god, beynge neyther begoten nor vnbegoten, but procedynge toge­ther and egally from bothe the father and the son. The fyfte ys the creation of heuen and of yerthe that ys to sey of all and euery crea­ture, both visible and vnuisible by the hole & vndiuisible Trinite. The syxte is the sancti­fication and halowynge of the chyrche by the holy ghost, and the sacramentes of grace, and all other thynges in whyche the chyrche of Christ doth common and participate wherin is vnderstonded that the sayde chyrche with her sacramentes and lawes through the holy ghoste is sufficiente, for and vnto euery man howe greate a synner soeuer he be for his sal­uation, and that out of this chyrche is no helth of saluation. The seuenthe is the con­summation of the same chyrch, militaunt, by eternall glory certeynly to be suscitate & rey­sed in flesshe or body and soule, and by the cōtrary of this is vnderstonded the eternall dāpnation of euyll persones refused of god. The other .vii. articles apperteyne to the humanite or manhed of Christ. The fyrst is the incarnation or true assumption and takyng of mans flesshe & body of the glorious virgyn onely by the holy ghost. The secounde is the natiuite of god truely & verely incarnate of a virgyne pure clene & vndefoiled. The thyrd is the true passion & deathe of Christe vpon the crosse vndre the tyran Pylate. The fourthe is the des­cension [Page 2] and goyng downe of Christe to helle in his soule, his body remaynynge & lyenge in the sepulchre, to spoyle and destroy helle, that ys to delyuer the soules of the holy fathers there lyenge, and abydynge redemption. The fyfte is the true resurrection and agayne ry­synge of Chryste. The syxte is the true ascen­sion of the same Christ to heuē. The seuenthe ys the most sure certeyn and vndoubted expe­ctation and lokynge for the same Christe, to come to iudge both quycke and deed.

¶ They that ministre the body of our lorde must teache and informe theym vnto whome they do ministre, that vndre the forme of brede ys very Christ, and that he ought to be recey­ued comely and semyngly, and that vndre the forme of wyne beyng gyuē and ministred not before consecrate ys but wyne onely and no­thyng elles.

ALtissimus et infra. The preestes ought to take hede that when they gyue or mi­nistre, the communion of the holy sacrament to the symple folke in the easter season or els when, that they teache and enforme theym curiously & substantially that in forme of brede is gyuen and minystred vnto theym both the body and the blode of our lorde ye and very Christe hole and a lyue whiche is there hole vndre the forme of the sacramēt. They ought also to teache the same symple rude & vnlear­ned folke that that whiche at the same tymes [Page] is gyuen & mynystred in the chalice not to be any sacramente but pure wyne onely gyuen to theym to drynke that they maye the more easely & soner swalowe downe the sacrament whyche they haue receyued, for in suche infe­riour chyrches, that is to sey chyrches or cha­pelles of the contrey ye and paryshe chirches of the City or any other chyrches beynge not cathedrall chyrches. yt is permytted and graūted only to theym that do celebrate to receyue the blode of Christe vndre the forme of wyne cōsecrate, let theym also teache the same rude and symple folke, not to breake ouer smalle nor tomyche with theyre tethe the sayde holy sacramēt receyued with theyr mouth, but the same very lytell broken hole to take and swalowe downe perfectly that no lytell parte or pece therof by chaunce remayne betwene the tethe or els where.

¶ That the constitucion made and ordey­ned agaynste concubynaries be kept inuiola­bly, and in the most straite wyse and the same constitucion to be denounsed and publyshed by the officialles in foure principal chapiters rurall.

QVia incontinentie vicium et infra. we bede and commaunde the constitu­tion of the late lorde Octobonus publyshed [Page 3] and made agaynste concubinaries to be in­uiolably obserued and kept. And we straitly enioynynge charge and commaunde all and euerye our Lobysshoppes and suffragans in the vertue of obedience, and vndre the payne of suspension from theyr offyce, and from theyr benefice which suspension we {pro}nounce on theym yf they or any of theym shalbe foūd wyllyngly negligent on this behalf, that they cause the constitucion afore named to be reci­ted and rehersed and openly in the foure prin­cipall chapitres rurall of the yere eyther by theym selues or by theyr officialles or at the leaste wyse by the deanes rurall or theyr deputies before all the chapitre excludinge thense & seperatyng all lay {per}sons which reci­tacion or rehersall we woll & commaunde to be had and taken for a monitiō that processe may be frely had & made agaynste all such vi­cious concubinaries that after the sayd reci­tacion they maye haue no excuse to laye for theym when processe shall be made agaynste theym for and concernynge the execution of priuation of theyr benefyces accordynge to theffecte of the sentence and decre made in the constitution aforesayd. But if any person or persones shall maliciously let the said reci­tacyon of this constitutyon aforesayde they shall ymmediatly for so doynge be excommu­nicate and accursed, and yf any deane or his deputy shalbe negligent to recyte the sayd constitution as aforesayde he shalbe bounden to fast brede and water euery fryday (excepte in­firmite [Page] and sycknes shall let hym) vnto suche tyme as he shall haue recyted or caused to be recyted the sayd constitucion in the chapitre then nexte folowynge.

¶ Of the custome of the habite & apparell comenly and semyng for clerkes to weare cō­maundynge the obseruation and kepynge of the same, vndre the payne constitute and set vpon the same.

EXterior habitus et infra. By thaucto­rite of this counsaill we cōmaunde that the ordynaries of places vnto whome yt be­longeth to enquere of thexcesses of the subie­ctes, make inquisicion and serche yerely in all places beynge subiect vnto theyr iurisdiction by them selues or by other for and vpon thobseruation of that constitucion made and pu­blished by vs of the habyte wede and apparel of clerkes, and that they see and cause with all diligence to be obserued kept and executed agaynste all transgressours and offenders on this behalfe the same constitucion vpon the paynes and penalytes in the same constitu­tion lymytted.

¶ These constitucions be dylygently to be obserued and kept, and faythfully publyshed and declared.

VVe charge & cōmaunde the constitucions and remedyes prouyded by this coūsaill fromhensforthe to be vnuiolably obserued & kept in this our prouince of Cantorbury cō­maundyng [Page 4] all our Cobysshoppes and suffra­ganes that they publysshe and declare & cause to be publyshed and declared & to be brought to euerye bodys knowlege by them selues or by other as the lawe dothe require these cōstitucions for the comen profyt and the laude & glory of the name of Iesu Christe.

¶ Albeyt by the olde constitucion onely the husbonde yf he haue contynued mayster and owner of thre lyuynge beastes or mo, and the wyfe if she haue kept & guyded her household by the space of one hole yere was bounden to the solucion and payment of a mortuary, yet nowe bothe beynge owner of thre, or fewer, shalbe iudge to pay a mortuary by the ordinaries of the places.

STatutum et infra. Because that by occasion of this statute often tymes doo arryse contention and debate betwene the persones of chyrches & theyr parochians, whiche stryfe and debate we entierly desire to extin­guysshe and put awey, we thought necessary to declare the same statute or custome by synodall interpretation expounynge the same in this our generall cōuocatiō to be vnderston­ded in this maner & forme folowing that is to sey, yf the persone deceassed haue or had at the tyme of his decease in his goodes, thre lyue beastes or mo of what kynde soeuer they be, that then the principall best reserued to that partie vnto whome of ryght it is owyng, the [Page] secounde beste of the sayd thre or mo lyuinge beastes be reserued vnto that his parysshe chyrche of the whiche by his lyfe tyme he re­ceyued the benefyte of the sacramentes for & in recompēce and satisfaccion of such tythes and offeringes as he hath taken or kept from the sayd person, and the same after the death of any suche lay man to be delyuered to his sayde parysshe chyrche without any maner fraude gyle deceypte crafte or collusion and without any contradiction or denyeng in any wyse for the helthe of the sayd parties soule, but yf there shalbe in the goodes of such part so deceasynge onely two lyuynge beastes and nomo, then of the gentle curtesy of the chyrch all such actyon as is in the name or title of a mortuary must to be remytted, & that yf any woman so deceasse her husbonde suruiuynge and remaynyng in lyfe that in no wyse a mortuarye be payed for her. But yf the woman suruyue her husbonde and after his deceasse contynue and remayne wydowe kepyng and guydynge her householde by the space of one yere, that then she be bounde to pay a mortuary, in maner and forme as beforesaid. But yet we wyl in no wyse by this interpretation any {pre}iudice to growe vnto the laudable custume and vsage to fore had vsed & kept in this our prouince, for and concerning mortuaries, but that if the partye or parties deceasynge as a­foresayd haue the full nombre of such lyuing beastes whether the husbond or the wyfe de­ceasse before or after the custume and vsage [Page 5] of the chyrche concernynge the gyuyng & per­formynge of the mortuary be obserued and kept. And to the paymente of the sayde mor­tuarie due by lawe or custome we woll all suche parties as shall refuse withstonde or a­gayne say the same by the ordynaryes of pla­ces to be constreyned by the censures of the chyrche.

¶ No persone of any chyrch presume to sell the tythes of his chyrch not yet perceyued.

NO person may presume to sell the tythes of his chyrche not perccyued before the feaste of thannunciacion of the blessed vir­gyn Mary, from which day the frutes ought to be gyuen to paye the dettes or legacies of theyr persons if they dye before the perceptiō of the same frutes.

¶ That all irregulers be suspended from the execucion of theyr offyce vntyll they haue a laufull dispensacion.

IN primis et infra. All those whiche be irreguler, when they do take ordres or be­fore or after theyr ordres takynge withoute they be expressely dyspensed with by theym which may dispence with such, we denounce theym to be suspended from thexecutynge of theyr offyce vntyll suche tyme as they be lau­fully dyspensed with for the same. And as cō­cernynge the premysses those which be irreguler be these folowyng murderers or man kyl­lers, aduocates in cause of blode, or symonya­kes, and interuentours or brokers of symo­nyacall couenauntes or bargaynes, or who so euer wittyngly dothe take orders of theym that be infecte with that contagion of symo­ny, or who so euer wittyngly doth receyue ordres of heretykes, scismatikes, or by name ex­communicate. Also bygamyes, husbondes of womē actually corrupte before they were maried [Page 6] and such as do corrupt virgynes profes­sed into religion or consecrate to god, excom­municate persones, and suche as by stealethe take ordres, southsayers or prophesyers, and burners of chyrches and such other lyke.

¶ Let no man be admytted to ordres out of his owne dioces, of not his owne bysshoppe wittyngly.

QVia quidam et infra. A bysshoppe beynge vndre our iurisdiction whyche shall wittyngly gyue ordres to the Clerke or parishener of another bysshoppe without the specyall lycence of the same bysshoppe from the tyme of the gyuynge of the same or­dres, at whych tyme he receyued or admytted to ordres any suche persone vntyll he hathe made condigne satisfaccion, let hym knowe hym selfe to be suspended.

¶ A prelate shall not cause any of his sub­iectes to be admytted to ordres of not theyr owne bysshoppe without letters dimissories.

CVm quanta et infra. we do forbed that no Abbot or priour cause theyr monkes or chanons to take ordres of any other bys­shop then of the diocesane of the place with­out the letters dymyssory of the same bisshop or in his absence of his vicar generall.

¶ The sacrament of confirmation must be ministred comēly & assone as may be without interuention of the parētes, or of the father inlawe or of the mother inlawe.

SAcerdotes et infra. A yonge man of thage of .xiiii. yeres and aboue to be con­fyrmed must be monyshed by the preest of the place where as he dwelleth, fyrste to be con­fessed and so afterwarde must be confirmed, & muste come fastynge to confirmation for the reuerence of the sacrament. Also let the parē­tes be oftē tymes warned by the preestes that they bring theyr yonge chyldren which be baptised to confirmatyon, and that they do not longe abyde the commynge of the bysshoppe, but that they brynge theyr chyldren to hym for confirmation when they shall here hym to be nere hand, and that they bryng with theym conuenyent bysshopbondes, and the yonge chyldren also beynge confirmed the thyrd day after theyr confirmation muste be brought to the chyrche / and theyr forehedes must be was­shed by the handes of the preestes at the fonte for the reuerēce of the crysme / and in the same place theyr bisshopbondes thē to gether must be brent. And that at the confirmation no chylde be holden of the father or mother step­father or stepmother. And we wyll that this prohibitiō be often publysshed by the preestes in the chyrches that the parentes and other whiche do holde chyldren to the confirmynge may knowe that a spūall bonde is aswell cō­tracted and made by this sacramente as by baptyme.

¶ All christiē of thage of .xiiii. yeres or aboue shulde be exhorted to receyue the sacramēt of the last an oyling comely & in due tyme.

THe oyle of the syck folks shalbe brought to the syck with greate reuerēce and the preestes shal anoynt thē with yt, with greate douotion & solēpnite of many prayers which be ordeyned for the same, let the preestes also often monysshe the people (at the leaste) those which be of .xiiii. yeres and aboue to receyue the sacramente of extreme vnction, and that also after they haue receyued the sacramente they maye laufully retorne to matrymonyall copulacion. The effecte & vertue of this sacramente is knowen by the wordes of thapostle Iamys sayenge. yf any of you be dysseased let hym brynge in the preestes of the chyrch that they maye praye ouer hym anoyntynge hym with the holy oyle in the name of the lorde & the prayer of faythe shall saue the dysseased and the lorde shall alleuyat hym, make hym lyght, or helpe hym, & yf he be in synnes they shalbe forgyuen hym.

¶ The mynystres of the holy Crysme as­kyng & requiryng euery yere the same crysme. euery yere new of theyr bysshop ought to mi­nystre the same duely.

VVhere as the makynge of the holy oyn­temēt is to be done frō yere to yere by the bysshop of the diocesse after the decrees of the holy canons, & the same crysme by them made euery yere to be gyuen to faythfull persones, & the olde or what so euer ys lefte of the olde Crysmes ys to be brent in the chyrches. The [Page 8] persones also eyther by thē selues or by theyr deacons or subdeacons ar bounde for euery of theyr chyrches to aske of the bysshoppes of the dioces the holy Crysme euerye yere before the feaste of Easter or as shortly as yt may be done, in somyche that yf any attēpte to cristē or to anoynte the christened in the forehed (without yt be in icopardy of deathe) with any other crysme then with this newe which he hath receyued of the fre graūte or gifte of the bysshop he sheweth hym selfe to haue the sentence of dampnation gyuen ouer hym. yet neuertheles some men beyng led with blynde ignoraunce whiche is sayde to be very nyghe neyghboure to deceypte or with a stubborne spirite stryuynge agaynste the holy canons in that behalfe, which thynge is not farre from the cryme of idolatry or the synne of wytcraft do kepe in some places the holy Crysme two yeres some where thre yeres & more & do dāp­nably abuse the same in theyr christinynge & other sacryfyces not askynge nor receyuynge of the bysshoppes of theyr dioces from yere to yere any newe, which thynge leaste yt shulde be from hensforth done any more, we straitly commaunde vnder payne of suspensiō which we gyue vpon all those stubburne persones that wyll do the contrary, whiche thyng also we beleue ought to be taken and vnderston­ded of the holy oyle of them that be cathecu­mini, that is to saye newely instructed in the fayth of Chryste to be christiened.

¶ Noman ought to be receyued to the sacrament of the alter, but in tharticle and poynte of deathe except he be confirmed or haue lau­full impediment.

COnfirmatiōis et infra. Againste theym that be negligēt to receyue the sacramēt of confirmation we ordeyne that noman be admytted to the sacrament of the body and blode of our lorde, but in the poynte of deathe without he be cōfirmed or except he haue ben reasonably letted from receyuynge the sayde confirmation.

¶ Let the parentes beware that they suffre not theyr chyldren to be twyce confirmed for asmoche as therby the men chyldren do in­curre irregularite, and the parentes selues greate hurte.

SAcerdotes et infra. Let the parentes di­lygently beware and take hede that they brynge not theyr chyldren to be confirmed twyce for asmoch as the same chyldren by re­ceyuynge of the same sacrament agayne yf they ben men chyldren be made irreguler, and the parentes selues by such neglygēce, by sen­tēce of the Canōs be vndre greate vengeance and punyshement.

¶ Extreme vnction or last annoylyng ought not to be iterate or gyuē agayne, but one hole yere passed betwene, and not then but in euy­dent perell of deathe.

THe sacrament of extreme vnction maye be laufully euery yere renewed, so that euery yere ones yt may be gyuen to a persone beynge in great dysease and syknes, of the which syknes the syk man is in ieopardy and feare of deathe.

¶ Also baptisme duely minystred by lay per­sones is not to be iterate renewed or myny­stred agayne by a preste.

QVod in cōstitutiōe & infra. yf it chaūce yonge chyldren to be baptised of lay persons, because of perell of death, let the prestes beware that they be not so bolde to renewe the baptysme duely and laufully done and mynistred.

¶ Of the .vii. sacramentes of grace .v. muste and ought to be duely receyued of all christen men, whiche be baptysme, confirmation pe­naunce, eucharistie, or the body of our lorde in his due tyme & extreme vnction in tharticle or poynt of death, of such as yet be in theyr ryght mynde, and haue theyr wyttes or at the leaste wyse desyre to receyue yt, whyle they were in theyr ryght mynde & had theyr wyttes. But the .vi. sacrament that is to sey holy ordres of them that be perfecte, and the .vii. that is ma­trymony of suche as be not perfecte.

IGnorantia sacerdotum et infra. There be .vii. sacramentes of grace, the dispen­satours and mynystres of which ben prelates of the chyrche, of whiche .vii. sacramentes .v. ought to be receyued of euerye chrysten man, that is to saye Baptysme, confirmation, pe­naunce, and housle at tyme conuenient, and annoylyng or last anoyntment, which ought to be minystred onely vnto such as by tokens lykely & apparaunt of greate infyrmyte seme to drawe nere to the perell of deathe, vnto whome (yf yt may be) let yt be gyuen and my­nystred whyle they haue theyr ryght mynde & perfecte reason. And yf yt chaunce or happen them to be trobled & dyseased with phrenesy or any other alienation of mynde whan so euer yt be, yet yf before the tyme of such alie­natiō they were desirous & toke any thought or care for theyr soule helth. we counsell that this sacrament be faythfully mynystred vnto them for we beleue, and haue also lerned by goode proues and experience that the recey­uynge of the sayd sacrament of extreme holy vnction, wylbe profytable and helpe a man be he neuer so phrenetyke, so that he be the chyld of predestination or saluation that he shall eyther haue tyme ynough to retourne to his mynde and recouer his wyttes agayne, or at the leaste shall obteyne spiritual profet & help of the soule to the encrease of grace. There be also two other sacramentes that is to wyt ordres and matrymony, of the which two the [Page 10] former besemeth and agreeth onely vnto per­fect. The secoūd onely to vnperfecte, euer syth the fyrste tyme of the newe testament and the lawe of Chryst, and yet the same of the power of the sacrament we thynke geueth grace yf yt be contracted with pure harte & mynde.

¶ For asmyche as the sonnes of persones of chyrches and preestes may not by the lawe enioy ecclesiastical benefyces of theyr fathers by immediat succession, yf they any such bene­fyces of theyr fathers haue occupy or enioye, let hym be expelled and put from the same.

FOr asmych as yt is forbeden by the law that the sonnes of Curates persones or preestes shal not be made Curates or persons in the same chyrces where as theyr fathers ymmediatly and next before theym byd miny­stre without the popes dyspensacion before had on that behalfe, and for asmych as yt ys manyfest and well knowen by the same lawe all such benefyces to be vacant yf the contra­ry to this be in facte and dede attempted, we do straitly charge and commaunde that the {pre}lates make diligent inquisiciō of the c [...]yrch so beyng vacant, and that they make no de­lay to ordeyne and determyne the same accor­dynge to the lawe takynge better hede from hensforthe that they admytte no such men to any such benefices by any maner of tytle least that cōtrary to iustyce and the goode ordre of [Page] the lawe by such pryuy entrynge there myght seme to be a place of succession vnto the inheritaunce of hym that hanged in the crosse.

¶ Aliens or straungers & men vnknowen, may not be admytted to execute theyr ordre, without letters of commendations or lettres dymissoryes of theyr ordinaries, without suf­ficient dyspensacion and proue before had of theyr ordination or ordres takynge, and also admyssion therunto by the bysshop.

CVm quanta et infra. Suche as be or­deyned or haue taken ordres in Ireland, wales, or Scotlande shall not be admytted of any mā within our prouynce to execute theyr ordre so takē except great necessyte do require and then also that they be dyspensed with by sufficient auctorite for and vpon the execuciō of theyr forsayde ordre, or els that the ordres which they haue taken be otherwyse by theyr ordynaries ratifyed. Prouided neuertheles that in no wyse they be admytted before yt be knowen of theyr laufull ordinaciō or admis­sion to ordres, of theyr purite and clennes of lyuyng. and also of theyr lernynge, and furder we commaunde that no straunger and vn­knowen preest, whose ordinacion or admissiō to ordres is not well knowen to be admytted to serue any chyrches, there to celebrate and execute the dyuyne seruyce, but by lycence of the bysshop of the dioces after that it shalbe truely knowen of theyr ordinacion or admis­siō [Page 11] to ordres by lettres testimonialles or wytnes of goode and honeste men, and that suffi­cient knowlege and profe be gyuen and made.

¶ The thyrde counsell of Oxforde.
¶ No chapleyn of a straunge diocesse maye be admytted to celebrate without the lettres of his owne diocesane or some other bisshop vnto such tyme as goode opinion be sayde of his honeste goode maners & goode behauour.

NO chapeleyn shall be admytted to cele­brate in any dioces of our prouynce of Cantorbury other then in the which he was borne or be admitted to ordres except he bring with him the lettres of his ordres & lettres of commendations of his diocesane. And yet ne­uertheles the lettres of other bysshoppes in whose diocesse in the meane whyle he hath cōtynued & lyued by longe space. In the whiche sayd lettres of commendations we wyll and commaunde caution and warantise to be ex­pressely made of the behauour ma [...]ers & con­uersation of the same, and whether he be dif­famed of and vpon any newe opinions con­cernyng the catholyk fayth or of any ypocri­tical maners, or whether he be vtterly clere, & free from all such opinions, or els let aswell hym that dothe otherwyse celebrate as hym that permytteth and suffreth suche chapleyn or preest so to synge be greuously and sharpe­ley punyshed.

¶ Tharchedeacon must see and cause thar­tyeles of examination or sentence to be pro­mulged and openly recited and declared, and must see also that moral preceptes & teachyng necessarye for the helthe of the soule be prea­ched by them whose offyce or duetie it is so to do.

EIsdem etiam temporibus et infra. The archedeacon shall dilygently enquere whether the publicaciō of tharticles be made by the which a man ronneth into the sentence of excommunication in the dede doynge, and as often as they can fynde that the preestes haue not preached & publyshed to the people at the tymes appoynted goode morall instru­ction as of the .xiiii. articles of the fayth, of the .x. commaundementes, of the two precep­tes of the gospell, of the .vii. workes of mercy, [Page] of the .vii. deedly synnes with theyr braūches of the .vii. principall vertues of the seuen sa­cramentes of grace of the sentences of excommunicacion so often let them reproue and re­buke them, and chastisyng them with a cano­nicall payne compell them to satisfy for that wherin they neglygently dyd offend.

¶ walter.
¶ Tharchedeacon must prouyde that thor­namentes of the altare be comely and semyng and the bokes of the chyrches cōuenient, and the vestimentes for the prestes to synge and to do thoffyce of the masse. And the sayde ve­stimentes be at the leaste doble or two for chaunge.

SInt ecclesiarum rectores et infra. The archedeacōs shall also prouyde that there be honest & clene lynen clothes and other ornamentes belongynge to the alter as behoueth. And also that the chyrch haue conuenient bo­kes to synge and to rede, and at the least two vestimentes for a preeste to synge masse, with all thynge belongynge to them. And that due honour may be gyuen and shewed in all dy­uyne seruyces, we commaūde also that he the whiche mynystreth to the preeste at the alter haue a supplice.

¶ Tharcedeacon must take goode hede and see that due re{per}acion be doon to the chyrches.

ARchidiaconi & infra. we do also enioyne and commaunde the archedeacons and theyr officialles that in theyr visitations of [Page 13] the chyrches to be had they take diligent con­sideration to the bieldyng of the chyrche, and specilly of the Chauncell, whether percase it lack or nede any reparaciō, & if they fynde any suche defaultes that they set a certeyn tyme vnder a certeyn payne within whyche they may be repared and made vp. And they shall enquere by them selues and by theyr officers whether there be any thyng to be amended in any thynges eyther of the paryshe in whyche they visyte eyther of any the persones. And if they fynd any excesses or defaultes there done they shall see that they be amēded eyther then by and by or in the next chapitre.

¶ Euery preste specially such as haue cure of soule ought and shall clerly and pleynly expounde open and declare vnto his subiectes foure tymes in the yere tharticles of the faith and preceptes morall necessary to the helth of the soule accordynge to the purporte, effecte forme and tenure of this {pre}sent chapitre here folowynge.

IGnorantia sacerdotū et infra. we charge and commaunde that euerye preaste be­rynge rule ouer the people expounde and de­clare vnto the people pleynly in theyr vulgare tonge without any phantasticall imaginatiō or inuentiō of any maner sotelty or curiosite eyther by him self or by some other .iiii. tymes in the yere, that is to wytte, euery quarter of [Page] the yere ones, and that in one solempne feaste or more the .xiiii. artycles of the faythe the .x. commaundementes, the two preceptes of the gospell, that is to saye of bothe charites one towardes god, thother towardes our neygh­bour, the .vii. werkes of mercy the .vii. dedely synnes with theyr braunches the .vii. princi­pall vertues, and the .vii. sacramētes of grace And that no man may excuse hym selfe by ig­noraunce in the premysses, passynge ouer the xiiii. artycles of the faythe afore sufficiently expounded in a tytle and chapitre conuenient goyng before in this present treatice, we here wolle touche and reken vp brefely all other thynges necessary to be shewed besydes the sayde .xiiii. artycles of the fayth as foloweth For of the .x. cōmaundementes of the olde te­stamēt thre preceptes concerne and haue res­pecte to god, and these be called the commaundementes of the fyrste table, and .vii. be ordeyned and haue respecte to our neyghbour, and they be called the commaundementes of the secounde table. In the fyrst is forbeden all ydolatry, when it is sayde, thou shalt not haue straunge goddes before me. In whiche inclu­dynge be forbeden all southsayeng all incan­tations, and kyndes of witchynge with all the superstitions of fygures and sygnes, and such other figmentes, and vayne inuentions. In the secounde commaundement when it is sayd, thou shalt not take the name of thy god in vayne, is prohybite & forbeden principally all heresy, and secundaryly all blasphmynge [Page 14] and vnreuerent namyng of god, and specially in periury. In the thyrde commaundemente, when it is sayde, remembre that thou kepe holy the Sabbot, is commaunded the due obseruynge of that christen religion to the whiche bothe clerkes and laye people indyfferently & egally be boundē, where is to be knowen that the obligation or byndynge to kepe holy daye in the Sabbot legall accordynge to the forme and maner of the olde testamente is expyred vtterly with all the other ceremonyes in the same lawe. And in the newe testament the maner of holy day kepynge in the seruice of god on the sondayes and other solempne feastes deputed and assygned for the same by thauctorite of the chyrch is sufficiēt. In which dayes the maner of kepynge holy daye is not to be taken of the superstition of the Iewes, but of the canonicall institution and ordenaunces. The fyrste commaundement of the secounde table is to honour our father and mother tē­porally & spiritually pleynly expressed. And al­so in the same secūdaryly is to be vnderstond that euery man for the merite of his degre ought to be honoured. And in this commaundement is vnderstonden, not onely the father and mother carnall and temporall but also spiritual. So that the spirituall father is the prelate of the chyrche mediat or immediat, & the spirituall mother is the chyrche whose sonnes be all & euery catholyk person & {per}sons. The secounde is, thou shalt not kylle, wherin is by expresse wordes forbedden the vnlaufull [Page] [...] [Page 14] [...] [Page] kyllyng or doynge to death of any persone by consent worde, dede, or fauour, and encluded in the meanynge of the same all vniust lesyon or hurtyng of any persone forbedden, for they spiritually do sle and kylle whych do not re­fresshe the nedy and semblably they kylle that backbyte or say euyll by any person, or which oppresse, bere downe confounde and vndo in­nocentes or suche as be fautles. The thyrde commaundement is thou shalt do no lechery wherin is expressedly forbeden adultery, and in the meanyng of the same is fornication in­cluded whych is by expresse wordes prohybite and forbidden in the Deuteronomie where it is sayd, there shalbe no hariottes amōges the doughters of Israell nor fornicatour of the sonnes of Israell. Also in the same commaundement is forbeden all commyxtion of man & woman which commyxtion the goode poyn­tes of matrimony, that is to say, fayth, get­tynge of chyldren, and other offyces of matri­mony do not excuse. And also all and euery voluntary or wylfull polution by what so euer meanes studiously or wylfully or wyllingly procured. The fourth cōmaundement is thou shalt do no thefte wherin is expressly forbeden priuy contrectation or handelyng of another mans goode agaynste the wylle of the owner, and encluded in the meanynge of the same all wrongfull vsurpatiō of another mans goode eyther by fraude or gyle or by vsury, or by violence or by fere. The .v. commaundement is thou shalt not speke agaynste thy brother or [Page 15] neyghbour any false wytnes wherin expresse­ly is forbedē false testifieng or wytnes beryng vnto hurte, and included in the meanynge of the same false testification or wytnesse bering for to promote any person contrary to his de­sertes or merites. In this commaundement also is condempned all maner lyenge but spe­cially pernicious and malicious. The syxte commaundement is thou shalt not desyre the house of thy neyghbour which is to be vnderstonded and taken to his wronge and iniury. In whiche is forbeden the desyre of the mo­ueable possession of any man what so euer he be, and specially of any catholyk person. The vii. commaundemēt is thou shalte not desyre the wyf of thy neighbour neyther the seruaūt nor the maydē nor the ox, nor the asse nor any other thynges that be his. In whiche all ma­ner couetous desyre of another mans pos­session as touchynge and concernyng goodes moueable is prohibited and forbeden. Nowe vnto these ten commaundementes the gos­pell further addeth tweyn that is to saye the louynge of god and of our neyghbour, he lo­ueth god that kepeth the commaundementes aboue mentioned for loue and not for fere of payne. And euery mā ought to loue his neyghbour as hym selfe. In whiche sayenge this word as hym selfe doith not speke nor meane equalite that euery man ought to loue his neyghbour so moche as hym selfe in all thyn­ges, but it meaneth a certayne cōformite that is to saye thou oughteste to loue thy neygh­boure [Page] vnto what thynge thou louest thy self, that is vnto good and not vnto euyll. And after what maner thou louest thy selfe, that is spyritually and not carnally takyng carnally for viciously. Also howe moche thou louyste thy self that is in prosperite and aduersite in helth and sykenes, lykewyse how moch thou louyst thy selfe in respecte of temporall thyn­ges, for so moche as thou must loue all men & euery man aboue temperall ryches. Also as thy selfe, for so moch that thou must loue the soule of thy nexte, or his eternall soules helth more then thyn owne temporall lyfe, euyn ly­kewyse as thou must set more by the lyfe of thy soule then the lyfe of thy flesshe. Also in what maner thou louest thy self, that is thou muste helpe all men in ther necessyte as thou woldest them to help them thyn. For all thes be vnderstonden in this sayng thou shalt loue they neyghboure. &c. There be more ouer .vi. workes of mercye opened by the gospell of saynt Matheu, whiche arre to feade the hun­grye, to geue drinke to the thurstye, to receyue straungers to hospitalite, to cloth the naked, to visyt the syke, & to comforte the prisoners. The .vii. is taken of Thobie which is to bu­rye the d [...]d. The .vii. dedly synnes be, pride enuye, wrath, hatred, slouth, couetousnes, glotonye and lechery, Pride is the loue of his owne auauncement, out of which ryseth cra­kynge, bostynge, ypochrisye, sysmes & lyke other. Enuye is the hatred of an others feli­cite from whens ryseth backbyghtyng slaun­dryng [Page 16] grudgyng stryffe euyll iugementes and such lyke. wrathe is the desyre of vengeaunce and of anothers harme, which after long contynuance in the herte, is made hatred, this wrath is the welsprynge of hurtfull wordes & dedes of woundes murder and other lyke. Slouth is the werynes of spiritual goodnes through whiche a man delyghteth not in god or his laude and honour, and is accōpanyed with sluggysthnes cowardnes desperation & lyke. Couetousnes is the immoderate loue of goodes moueable and immoueable, through vnlawfull getynge and kepynge, from thens commeth deceyte, theft, sacrilege, symonye, & all fylthy lucre. Glotonye is the immoderate loue of delectation in tastynge of meate and drynke, in which a man may offend .v. maner wayes, that is to say in tyme, when he eatith to sone to late or to oft. In qualite, when meates very delicate be prepared. In quātite, when to moche is eaten or dronken, which is the vilyst kynde of glotonye, ther is to moche taken of meate and drynke when it maketh the body heuy or when it stoppeth the in­ward or outward sense, or whē it hurtyth the bodely helthe, men also offend in gredynes or hastines of eatyng. And last of all in curiouse dressynge of ther meate, to prouoke ther appetite with all. As for lecherye we may not dis­close, whose only fame infecteth the hole ayer The .vii. principal vertues, be faith, hope, charite, whiche be toward god, and therfore be called theologicall, prudence, temperance, iu­styce [Page] and boldnes, by this a man is ordered towardes hym selfe and his nexte or neygh­bour. The acte of prudence is to chose that is good, the acte of iustice is to do ryght, the acte of temperance is, not to be ouercome or let with pleasures, the acte of fortitude or bold­nes is, in nowyse to cease from the goodnes, whiche is intended to be done be it neuer so hard or greuous. And these be called the .iiii. cardynall vertues, that is the .iiii. principall for vnder these .iiii. be many more, of whiche we speake not at this tyme, because we la­bour nowe for the symple people. Of the .vii. sacramentes of grace we haue spoken before in theyr place.

¶ The preystes must admonysshe the wymē of there cure with chylde to haue water in tyme of theyr trauell redy for baptyme in case necessyte requyre, and also to be confessed in tyme.

ALso the preystes shall warne the wymen with chyld of theyr parysshes that whē they vnderstond the tyme of theyr trauell to be at hand they haue water redy prepared to baptyse the chylde if necessyte so shall require and that for the great perell at hande they be confessed to the preest lest they be sodenly ta­ken and may not haue hym when they wolde.

¶ The preystes muste dilygntly teache theyr paryssheners the worde of god, lest then be [Page 17] counted dom dogges and must quickely and spedely visyt the sycke.

PResbiterorum et infra. By determina­tion of this present counsell we straytly enioyne and commaunde, that persones and vicars diligentlye goo about to informe and fede the people commytted to them, with the worde of god accordynge to the gyfte gyuen them. Lest they be worthely iudged dom dog­ges, because with theyr holsom barkyng they dreue not the spirituall deuourynge wolfe from the lordes folde, moreouer hauyng this saynge of the gospell in theyr myndes howe in the laste examination the visitours of the syck shall receyue an eternal reward as often as they shall be sende for let them goo to the syk quyckely and gladly.

¶ None shall be admytted to a vicarege, but he that porposeth to be present and to be pre­sted at the nexte ordres, he that is otherwyse admytted shalbe repelled.

CVm hostis et infra. we decre that no byshop of our prouynce shall admyt to a vicarege any persone, excepte he wyll perso­nally minystre in the chyrche where the vica­rege is gyuen hym, and except he be suche as within short tyme, may be made preyst. And if any be admytted and wyll not be prested, he shall lose the benefyce.

QVoniam autem et infra. we ordeyne that vnto a perpetuall vicar the fructes of .v. markes at the leasle be assygned whiche was wont to be set to ferme for .v. markes, those parties of wales excepted, in which perchaūce thorough the smalnes of the chyrches the vicars can be content with lesse stypend, the diocesane shall also cōsyder the power of the chyrche & se whether the vicar shall beare the charges or the persone or both to gether, so that the archedeacō where he shall receyue proxie of both or of one of them, shall be con­tented with one proxie onely.

VVe also decre that bysshopes in theyr sy­nodis and other conuocations, and all archedeacōs in theyr chapitres, & ministres of {per}yschyrches in theyr chyrches, shal .iii. tymes in the yere denounce vnto all that wyll enioy [Page 18] the priuilege of a clerke, that they were open­ly and in due place, the competent wede and tonsure of a clerke, and specially before theyr ordinaries and in chyrches, and congregatiōs of clerkes.

VEloces ad audiendum et infra. Noman from hensforthe shall be admytted to ex­cercyse openly the offyce of aduocation with­out he haue fyrste herde the canon lawe and cyuell lawe at the lest .iii. yere with good dili­gence. And the suretye therof he shall make good by his owne oth, where as it doth not apere by condygne testymonye nor by dede.

QVidam ruralium et infra. we ordeyne that no certificat sygned vnder the seale of any deane rurall shall be gyuen to any per­sone, or shall at any tyme be graunted, with­out that it vpon some solempne daye be fyrst openly recited in the chyrche at masse tyme, where as he that is cyted dothe dwell or is most conuersant, this meane and order beyng therto adioyned, that he whych is cyted may haue sufficient leysur and tyme, that he may conueniently apere at the daye and place to hym prefyxed, but if so be that in any case, the tyme do so constrayne that ther be no maner of delay to be had, then the citacion beynge openly done before wytnesses, the certificat shall be gyuen in the chyrch or in an opē place before faythfull and substantiall wytnes, so [Page 20] that the day of citation and place be expressed in the same certificat. And so shall the certifi­cat in nowyse be made, before the citacion be executed and done, and lette the deanes rurall swere euery yere in the bysshopes synodye that they shall faythfullye doo the same.

¶ Archebisshop in the counsell of Oxforde.

ITem omnes illi et infra. That the vio­latours and disturbers of the immunite & liberties of the chyrch that is to say that such secular persons as at any tyme hereafter shal presume to withdrawe, take awey, cōsume, waste or handle any maner thynge out of the houses, maners, graunges, or other places to the archebysshops, bysshops, or to any other ecclesiasticall persones or to the chyrches selfe aperteynyng and belongyng agaynst the wyll and without the permission and sufferaunce of the lordes or of them that be deputed and assygned kepers of such thinges, or shal cause any thyng as aforesaid to be withdrawen ta­ken awey consumed, wasted, or handled, or shall ratify vpholde and maynteyne any such withdrawynge, takynge awey, consumynge, wastynge, or handelynge in any maner as aforesayde done in theyr names, or by any of theyr famyliars may not eschewe nor auoide through the occasion of hardnes & diffycultye in accitynge of them, as often tymes here to fore it hathe happened, but that due processe may be had and made agaynste them as there [Page] ought to be. By the consente and assent of all our brethern, and of all this conuocation. we decre and ordeyne that euery suche viola­tour as aforesayde, what so euer he be, if he may personally be founde or may safely and surely be come vnto shall be called to appere personally. And if he can not be founde or can not surely and safely be come vnto, then the same violatour as aforesaid shall be cyted at his owne house (yf he haue any house) where he may surely be cyted and saffely. But if he can not be surely & saffely cyted at his owne house. Then we decre & ordeyne a citation to be made in the parysshe chyrche of his dwel­ling house or if he haue none or be not knowē that he hath any such dwelling, that then the cytation be had and made in the Cathedrall chyrch, of that place in which the sayd immunyte & libertye of the chyrche is sayd & repor­ted to be violated, dystourbed, & hurted. And neuertheles also in the parysshe chyrch of the same place, we decre citation to be made, if it may be surely done & without parell. wyllyng & also ordeynyng & decreyng that by vertue & force of euery suche cytation at the house or chyrches openly made as aforesayd. not onely in the cases aboue wrytten, but also in all the cases of the constitucion & ordenaūce of Octo bonus late legate of the See Apostolyk in England, which begynneth in laten. Ad tute­lam, in Englyshe, for the sauegarde & defence. As herafter ī thēd of this work ensueth the {per}tie so cited to be cōstreyned & forsed as though [Page 21] he had ben personally apprehended & taken by the same cytation, & that by vertue of the same cytation processe may be made agaynste the partye so cyted with all suche effecte as myght haue ben, if the said partie had ben personally cyted. And further we ordeyne and de­cre that all the foresayde & also all other vio­latours and disturbers of the lyberty and im­munite of the chyrche what so euer they be maye be conuented in the place where suche trespace or offence shalbe done, althoughe they can not there be founde, aswell by the of fyer of the iudge as also at thenstaūce of the partye. And whether such violatours and di­sturbers of the immunityes and lybertyes of the chyrch as aforesayd can be founde or surely & saffely come to or goten or not, & whether they haue a house or not, we wolle and decre that it remayne in doubte of the certyficat of hym vnto the which the citation is cōmitted and cōmaunded to be made. And that such as haue suffred any iniury or wrong in the cases aboue mentioned may the lyghtelyer obteyne due iustyce by probation of this prouinciall counsell we straitly cōmaund that all ordinarye iudges of our {pro}uynce of Cāterbury helpe one an other without any difficulty īspeding of citaciōs & execuciōs of the same, & all other laufull cōmādemētes.

EXcussis et infra. Because that bysshopes & archedeacōs & theyr officialles, & other ordinaries & theyr cōmissaries do cōmaūd oftē tymes origynal citaciōs cōcernyng the corre­ctiōs of [Page] transgressours to be executed by the persons vicars or theyr parysshpreestes it is therfore layd to theyr charges that they doo craftely dysclose theyr confessions that be cyted, made to them priuely in the court of theyr soules of and vpon suche thynges as they be cited for, wherfore parysshens be greuouslye offended and thenforth do refuse to confesse ther syn­nes vnto them, we do decre that such prima­rie citacions as shall be made by the auctori­te of the sayd ordinaries, be not hereafter cō­maunded to be done by the sayd persons and other, but let thē be executed by the officialles deanes somners or other theyr offycers. And if such prymarie citacions be directed to per­sons vicars or prestees they shall not be boūd to obey in that behalfe. But the sayde prima­rye citacions and iudgementes and processes that folowe out of the same, shall be voyde & of none effecte by the lawe.

¶ Certayn thynges taken out of the kynges answers.

CIrcumsbecte agatis et infra. As concer­nyng the mat{er} & busynes which is touchynge to the bysshop of Norwich & his clergye not to ponysh them if they hold pley for those thynges that be mere spirituall as for corre­ctions which the prelates excercyse for deedly synne as for fornication, adulterie, and suche other, for the whych somtymes corporall po­nyshement somtymes pecuniarie is inioyned specially if he that is conuicte be a gentylmā. Also if the prelate ponyshe for that the chyrch is not made, or the chyrchyerde not closed, or the chyrch not couered, or not cōmely ornated in which cases no other payne can be set, but pecuniarie. Also if a persone aske of his pa­rysshens oblations or tythes due or accusto­med, or if one persone plead agaynst an other persone for tythes great or small, so longe as the fourth partye of the chyrch goodes be not asked. Also if the person aske a mortuarye in [Page 23] these parties where mortuaries ar vsed to be gyuen. Also if the prelate or aduocate of any chyrch aske of the persone ony pension due to hym, for al suche pensions ought to be asked in the spyrituall court. Also for layng violent handes on a preest. And in cause of diffamatiōple shall be kept in the spirituall court, so lōg as it is done for the correction of synne and no money is asked or required.

¶ what so euer clerkes or lay doo craftely or malyciously procede by the kynges breues a­gaynst them that be fautles and vnknowyng and as many as fauour them that so do pro­cede shall suffer the sentence of the great ex­communication.

DIerum inualescens malicia et infra. In so moch as certayn of our prouince ma­liciously intendyng agaynst other, do craftely and priuely obteyne the kynges breues or ac­countes or trespace, or other wrytes agaynst them whom they intende to hurte, to be dyre­cted in to strayng counties where theyr aduersaries neuer were, nor made contract or faute, nor mynistred the goodes of any other, and by that meanes so priuely prosequuteth theyr aduersaries knowyng nothynge therof that they be other outlawed or bannysshed the realme, wherfore seyng that al processe & sen­tence made agaynste them that be thus vn­knowynge and vndefended is iustly by the [Page] lawe reproued. And that the malyce of man ought not to be spared or fauered, we ordeyne that who so euer of our {pro}uince whether they be clerkes or lay that hereafter priuely craftely or maliciously (as beforesayd) do obteyne & prosequute, make and procure such breues or wyttyngly gyue counsell help or fauour vnto the same or ratifyeth and vphold them made in his name shall in the dede doyng fall in to the sentence of the great curse.

¶ All that haue ordinarie iurisdiction muste kepe theyr consistories sessions and chapitres in places notable, & mete for vitall or els they shall be suspended from chyrche entrey.

EXcussis et infra. we do consyder & playn­ly perceyue that by meanes that cer­tayne offycialles of bysshopes archedeacons & other ordinaries of our prouince which kepe theyr consystories, sessions, and chapitres ye­rely from .iii. wekes to .iii. or from .iiii. to .iiii. in dyuerse places of theyr iurisdictions & dea­neries do often tymes declyne in those places where sale vytell is harde to be gotten, and charge with excessyue costes the persons and vicars of such places as they kepe theyr cōsi­stores, sessions, and chapitres in or of lyke places nygh hād to theyr great slaūder & reproue for if the persones & vicars of the chyrches at suche tymes do not costly receyue the offy­cialles after theyr desyer, they seke colours & fayne causes by the which they greuously molest [Page] and vex them. For the which thynges and other vniust causes, by determinacion of this present counsell, we ordeyne that all such consistories, sessions, and chapitres from hens­forthe be kept in places moste notable of the sayde iurisdictions and denaneries or at the lest where vitayles maye comenly be sounde to sale. And that the officialles and euery mynistres of ordinaries do theyr offyces at theyr maysters costes aswell in kepyng such consy­stories, sessions, and chapitres as in other ac­tes whiche they excercyse for theyr maysters. And as for citacions made vnto such cons [...]stories, sessions, and chapitres that be poynted to be kepte in other places then is aboue mentioned with all processe as shall happen here­after to be made in thē we declare to be of none effecte, by the lawe. And if the sayd officialles if they for the speadyng of ther maysters bu­synes require or execute costes of the said subiectes or do vex or troble them thoroughe oc­casion of non paymente of suche expenses we wyll to remayne suspendyd in so doyng from theyr offyce and church entrye.

¶ Goodfriday which is holy must be spend hole in holy and godly seruice.

ACcordynge to our mynd & desyre which moueth vs to loke vnto the helth of mānes soule, we make our beginning at the very [Page] fountaynes of the sauiour. And therfore we establyshe and ordeyn, that holy fryday in the whych our sauiour the lord Iesus Christ af­ter he had suffred many beatynges and won­des gaue op his {pre}ciouse soule vpō the crosse, shall be kept solemply after the maner & cu­stom of the chyrch in readyng with silence, in prayng with fastyng, in compunction that is in waylyng of synnes with teares. By the auctorite also of this present coūsell we straytly forbeade that no persone hensforthe intende vpon that daye vyle workes or excercyse any other then workes of mercye notwithston­ding we make no law vnto the pore mē herby nother yet do we forbede the rych mē to ministre in the waye of charite theyr accustomed helpe wherby the pore mennes tyllage is for­derd.

¶ The feaste of the conceyuynge of the holy virgyn Marye shall be kepte holyly and so­lemply.

FVrthermore because among all saynctes the memorie of the moste blessed vyrgyn Mary mother of the lorde is kept both often and solempne, and that so moch the more as she is thought to haue found greatter fauour with god, who hath certaynly ordeyned her conception predestinated vnto the temporall byrth and incarnation of his onely begotten, & vnto the helthe of all people. That by this meanes the fyrste begynnynge of our helthe (though they be somwhat far of) may encrea­se [Page 25] deuotion and helthe in all people, whyche haue in theyr deuout hartes spirituall ioyes, we ordeyne and straitly commaunde that the feast of the sayd conception be holyly and so­lemply from hensforth kept in all chyrches of our prouince of Canterbury, whiche thynge we do folowyng the steppes of venerable An­selmi our predecessour, who consyderynge other elder feastes of the said virgyn thought the feast of her conceptiō worthy to be added.

¶ The feastes conteyned in this lawe muste be kept solemply in all other a man may doo his accostomed worke vnponysshed.

EX scripturis et infra. By aduysement and counsell of our brethern we be ap­poynted to recite in these presentes the holy­days in whiche men muste absteyne generally thorough out our {pro}uince of Canterbury frō all seruyle labours (ye though they be suche as be profitable to the commen weale) Fyrste the holy sonday, which shall begyn at the euenynge houre of the saterday, & not before that houre, lest we shuld seame to be pertakers of the Iewes {pro}fession, which thing shall also be obserued in all feastes that haue theyr vi­gils. The feaste also of the lordes natiuite, of saynt Stephyn, Iohan euangelist, Innocen­tes, Thomas the martyr, the circūcicion of the lorde, Epiphanie of the lord, the purification [Page] of the blessed virgyne Marye. The feaste of saynt Mathic thapostle, thannunciacion of the blessed Marye, the feaste of Pasche with iii. dayes folowynge, saynt Marke the euan­geliste, the feast of thapostles Philip and Ia­cob, the inuention of the holy crosse. the ascencion of our lorde, Pentecoste with .iii. dayes folowyng, the feast of Christes body, the na­tiuite of Iohn̄ Baptiste, the feast of the apo­stles Peter & Paule, the translation of saynt Thomas, the feastes of saynt Marye Mag­dalene, of saynt Iames the apostle, of saynte Laurens, of the assumption of the blessed Marye, of saynte Bartylmew, of the nati­uite of the blessyd Marye, of the exaltation of the holy crosse, of saynt Mathew the apo­stle and euangelist, of saynt Mychell, of saint Luke euangelist, of the apostles Symon and Iude, of all saynctes, of saynt Andrew the a­postle, of saynte Nicholes, of the conception of the blessed Marye, of saynt Thomas the apostle, the solempnites of the dedications of parysh chyrches, & of the sayntes in whose honour the paryshchyrches be dedicate. And other feastes which for certayn causes ar spe­ciallye commaunded in euerye diocesse of the sayd prouynce, by thordinaries of the places, & infra, in all other feastes of saintes the vsed and accustomed workes may be done with­out punyshment.

¶ The feast of saint George the martyr shal be kept doble, after the maner of the more do­ble [Page 26] feaste, aswell by the clergye as the lay, the feastes also of the holye bysshoppes Dauid & Chadde, and lykewyse of wenefrede the vir­gyn shall be celebrate in theyr dayes with re­gimine chori and .ix. lessons.

INeffabilis et infra. we that desyre the laude of god to be enlarged and ampli­fied in his saynctes in the whiche he is glori­fied in our prouynce, be moued herunto as­well by the kynges exhortacions and thinha­bytauntes of this realme, as by the counsels of our felowbredren and clergye of our pro­uince, ye and also be assisted with the con­formation and decre of our prouinciall coun­sell. And therfore folowyng the godly and de­uoute mynd & affectiō of the old fathers tow­arde the saynctes of god, by the expresse con­sent of our brethern the clergye aforesayd, we wyl, ordeyne & cōmaūd, the feast of the blessed martyr S. George, to be kept solēpne, vnder double offyce & after the maner of the more doble feaste, euery yere in all tymes to come, as­well by the clergye as the people of the sayde {pro}uince thorugh out all chyrches of the same. And we commaunde all to cease vpon that feaste from all seruyle workes thoroughe all cytes and places of the same prouynce euyn likewyse as they doo vpon Christmas daye, that the faythfull people may the rather vpō that daye come to gether vnto theyr chyrches to the laude and preyse of god, and maye the more deuoutly call for the helpe of that saynt and the oftener pray for the kyng & the welth [Page] of the realme, moreouer by the auctorite of the sayd prouinciall counsell, we ordeyne and also establysse by these presentes that the fea­stes of S. Dauid & Chard bisshops & of wene­frede the virgyn from hensforth through out all our prouynce be kept in theyr tymes assig­ned that is the feast of saynt Dauid the fyrst day, of saynt Chad the .ii. daye of marche, of wenefred the .iii. day of Nouember, with regimine chori & .ix. lessons, in all tymes to come.

¶ The feast of the puttyng downe, of saynt Iohn̄ of beauerley confessour & bysshop shall be kept the .vii. day of may, as the feast of one confessour and bisshop of ester tyme cum regimine chori after the custom of Sa{rum}, but the day of his translation shall be kept with the feast of Crispin and Crispinian.

ANglicane ecclesie & infra. By the wylles and assentes of our brethern the clergye beyng present in this counsell, and neuerthe­lesse at the special instance and request of our kyng the most christened prince, we haue mynded the memorie of the most blessed confessour and bisshop Iohn̄ beuerlack, to be enhaunced euery where thorough out our prouince with deuoute myndes and vowes. And therfore we establysshe & by the counsell & assente of our foresayde brethern, we ordeyne for all tymes hereafter to come that the feast of the depo­sition of the sayd saynt whiche is knowen to fall the .vii. day of May, that is in the morou of saynt Iohn̄ before the gate latyne, be per­petually [Page 27] kepte thoroughe out our sayde pro­uynce, after the maner of the feast of one con­fessour and bysshop of easter season cum regi­mine chori after the vse of Sa{rum}, but for so moch as in the feast of his translation which falleth yerely the .xxv. day of October it hath byn of olde tyme accustomed in all chyrches almost of the sayd prouince to serue the sayn­ctes Crispin and Crispinian after the vse of Sa{rum}. Therfore lest the bryngynge in of one feast shuld be thexcludyng of an other, but rather that vnder the gladnes of one feaste the sayd martyres mought be honored to gether with the sayd noble confessour, by the agrea­ble consent of our sayd brethern and the cler­gye, we establysshe, decre, and ordeyne, that hensforth yerely the sayd .xxv. day of October, shall be celebrate euery where thoroughe our prouince with .ix. lessons, wherof .iii. fyrst shal be proper to saynt Cryspyn and Cryspinyan, and .iii. meane of the translation of saynt Iohan before named, and .iii. laste of the exposi­tion of the gospell of many marters with the seruice that is vsed in lyke feastes after Sa{rum}.

¶ Violatours of sequestrations made in ca­ses by the lawe permytted after publication made in due tyme and place, shall incurre the sentense of the great excommunication, ex­cept ther be a lawfull appeale from the same sequestration.

FRequens peruersorum et infra. By de­liberation of this presente counsell, we establyshe that who so euer within our pro­uynce do violate or breake sequestratyons made by the bysshoppes or theyr vicars gene­rall, or theyr offycialles principall for iust causes and trew, and by the lawe permytted, in the chyrche goodes or in other after publyca­tion be ones dewly made, in suche places as the sequestred goodes be, shall incurre in so doynge the sentence of the great excommuni­cation, neuerthelesse if appellation be made from the sequestration and be lawefully pro­sequuted hangyng the apeale the possessioners of the sequestred goodes and other maye vse the same goodes frely and vnponyshed.

¶ None that renounseth or gyueth vp his chyrche may receyue of his substitute the vi­carage of the same, if he do both shall be de­priued this of his vicarege, and he of his per­sonage.

NE lepra et infra. we forbyd any ma­ner {per}son renouncyng or gyuyng vp his chyrche, to receyue of his substitute, the vi­carege of the same, in asmoch as it may be vehemently suspected or presumed, that suche thynges be done by vnlawfull pactions, but if any presume to doo it, the one shalbe depri­ued from his vicarage, and thother from his personage.

EVenit et infra. we establysshe that whē the prelates and ecclesiasticall iudges enquere the fautes and excesses of theyr subiec­tes that deserue ponyshment the lay be cōpel­led if nede require by sentences of excommu­nication to gyue an othe to saye the trouth. And if any withstond or let this othe to be gyuen, he shall be brydeled with the sentence of excommunication and interdiction.

¶ Stipendarie chapleyns that wyll serue in a paryshe chyrche before they celebrate muste gyue an othe to kepe fidelite toward theyr superiors and peace and concorde emonges all the parysshēs as moch as in them is, if any be conuicte of periurie, he shall be forbyden his offyce, but these othes ought gently to be re­ceyued of theyr superiors.

PResbiteri stipendiarii et infra. The sayd preestes shall swere the sonday or holy­day after theyr admyssion at masse tyme be­fore the persones vicars or such as be in theyr stede, or els before the ordinaries of that place the holy scriptures opened before them and loked vpon, that they shall worke no harme [Page] or preiudice to the paryshe chyrches or cha­pels, in which they celebrate, or vnto the per­sons or vicars or vnto thē that kepe theyr places or haue any maner of intereste, about theyr offrynges portions fructes masse pens myndes trentalles, or any other maner rygh­tes what name so euer they beare, but rather as moch as in them is, shall kepe & saue them harmeles in the premysses. The sayd preestes shall also specially swere, that they shall in no wyse, reyse vphold or noryshe hatred euyll occasions tydynges & stryffes betwyxte the person and the parysshens, but as moch as in them is, shall noryssh & kepe cōcord amonges them. we wyl moreouer & firmely enioyninge cōmaund that the preestes aboue named pre­sume not to celebrate in such chyrches or cha­pels, before they haue gyuē an othe vnder the forme aforesayd, if so be the {per}sons, or vicars, or other aboue specifyed wyll & require them so to be sworne, decreyng & ordeynyng that if any such preest presume to celebrate cōtrarye to this prohibitiō in any place so forbeadē, in so doynge, shall incurre irregularite, besyde other peynes, whiche the canons doth apoynt to the violatours of holy cōstitutions, but if it chaunce the sayd chapleyns beyng as aforesayde sworne to be conuycted by lawfull pro­ues before a cōpetent iudge vpon the viola­tion of such theyr othe, or therof be diffamed, & can not make ther purgation, they shall be vtterly remoued & forbeaden as periured per­sons to celebrate within our prouynce vntyll [Page 29] such season as they be dyspensed with cano­nically therin & infra. And the said persons or vicars or such as kepe theyr places ought gē­tylly receyue the sayd othes & shall haue a co­pie in theyr chyrches of the premysses & other statutes that be made in this behalfe.

IN a counsell kept at Oxford, a certayne statute was made (as it is sayde) by the whyche amonges other thynges men be for­bede friuolly to apeale, from any iudiciall greyf before the diffinitiue sentense. And that all aduocates & procuratours of that consi­sistorie shall be bounde by an othe & by other thynges in the statute cōteyned to the obser­uation therof. And shall be ponysshed if they any thyng do to the contrarye, which statute although it be ouercaste in the outsyde with a fayre colour of wordes yet in very dede, it is brought in, to take awaye the remedy of apeale from them that be oppressed. And therfore we vtterly reproue & dysannull that sta­tute & what so euer hath folowed therof. And all them that haue made any othe to obserue that statute, we absolue from the same.

¶ All prelates named in this constytution, must go in clerkely habyt and close gownes, neyther any clerke shall go with a long busch or in a lay garment, but onely in case of law­full feare, and let all be compelled to auoide surfetynge and dronkenes.

THat the dew honour of the order of clerkes may be ob­serued and kept we ordeyne by auctorite of this present coūsel, that aswel archedeacons as deacons & all other that be put in preeminence and dignite, lykewyse all deanes rurall and preestes shall go comely in clerkely habyt, and shal vse close gownes, the same thynge let the offycialles of the sayd ar­chedeacōs doo, when they be in the cōsistorie, moreouer none of these clerkes nother any other shal noryshe theyr heare, but must go honestly rounded and conueniently crowned, ex­cepte parchaunce any iust cause of feare shall require the habyt to be transformed, let all clerkes also vtterly and dilygently absteyne from moch eatynge and drynkyng, and other thynges, which deface theyr honestye. And to obserue and kepe all these thinges diligently, they shall be straytly compelled by theyr supe­riors [Page 30] accordynge to the forme of the generall counsell.

QVamuis religionis et infra. Cleuynge faste to the statute of lorde Octobone ones legate in Englande of the apostolyke see, we ordeyne and straitly commaunde that euery clerke beynge within holy ordres were his outward garmentes vnlyke to the garmētes of warriers or the lay which be badged before and behynd or at the leste vnlyke in fas­shyō for the honestye that becommeth them. & who so euer {pre}sume otherwyse to do as long as he beareth the habyt of a contrary faschyō he shall be suspended from chyrch entrye. And where as the legate aforesayd hath made a decre agaynst clerkes that were coyphes openly before the prelates or the people, that if they be monyshed and amend not, in so doyng they shall be suspended from theyr offyce, in which state if they stond .iii. monethes, they shal thē be suspēded from theyr benefyce, from which suspensiō they may not be absolued, but they gyue the syxte parte of the goodes of theyr chyrch to be distributed to the pore people by the bysshoppes handes, and yet shall neuer­thelesse be otherwyse ponysshed at the arbitrement of the prelates. we perceyuyng that sta­tute to haue byn hytherto of small efficacite, because that the inferior prelates dare not monyshe such monstrous clerkes (and ther­fore through theyr cowardnes some be fallen in to the paynes lymytted by the sayd legate) [Page] and such clerkes seldom shew them selfes in the bysshopes syght, do therfore decre & esta­blysshe that all monitions ceasyng (seyng the ignorance of the law may not excuse clerkes) as often as they were such coyphes openly before the people or prelates, excepte it chaunce in iorneynge, for theyr arrogant frowardnes shall fall in all the sayde penalytes, we com­maunde moreouer that hereafter speciall in­quisition be made for such in euery deanerye, & of what degre or preemynence so euer they be, that processe be made agaynst them accor­dynge to the forme of the lawe.

EXterior habitus et infra. By approba­tion of this holy counsell, we establysshe and commaund that who so euer obteygne ecclesiasticall benefyces in our prouynce, that they (specially such as be within holy orders) beare the habyt and tonsure of clerkes com­petent vnto theyr state. And if any clerkes of our prouynce go openly within the same, ha­uynge theyr superior vesture notable short or strayte, or theyr sleues excessiue long & large, hangynge downe so that theyr cubites maye be sene vncouered, or with theyr heare vn­rounded, or with longe berdes, or vse rynges openly vpon theyr fyngers (except such as it becommeth by reason of theyr dignite & ho­nour) or els, exceade in the premysses or any part therof, except when they be warned they amend them selfe and effectually, within .vi. [Page 31] monethes after they be founde fawtie caste from them all such excesses, if they be benefy­ced (the .vi. monethes ones past) they shall in­curre suspension frō theyr offyce in so doyng In whiche suspension if they stoude .iii. mo­nethes folowyng, they shall be suspended frō theyr benefyces without any monitiō, by the lawe, nother shall then be absolued frō suche sentence by theyr diocesanes (to whom we re­serue theyr absolutiō by the auctorite of this present counsell) before they haue payed the v. parte of ones yeres fructes of theyr ecclesiasticall benefyces, whiche parte shall be fayth­fully distributed within .iii. monethes after, by the same diocesans in whose diocese they obteyne such benefyces vnto suche pore peo­ple, as dwell in the places of theyr benefyces. And if they medyll with the diuine seruice or administration of the sayd benefyces, as they dyd before, as longe as such suspentiōs doth endure, in so doyng shall be depriued frō theyr benefyces, but as tochyng clerkes that be not benefyced and shew them selfe openly and cō­mēly for clerkes, if they walke at large in the premysses or any parte therof excepte when they be monysshed, they effectually within six monethes amend them self, for so doyng shal stonde vnhable by the space of .iiii. monethes to obteygne ecclesiasticall benefyce. And be­syde all this, suche as beare themselfe for clerkes and be studiantes in the vniuersites of our sayd prouince, if they with effect absteyne not from the premysses shall be vnhable in so [Page] doyng vnto all degrees and honours in those vniuersites vntil they shewe in theyr maners & outwarde behauour rype discretiō and sad­nes that becommeth honest scholers, other pe­nalytes that be made agaynste suche trans­gressours neuerthelesse stondynge in theyr ef­fecte and myght. And yet wyll we not forbede by this present constitution, but that clerkes may vse in places and tyme conuenient theyr supertunicalles with competente sleues (in which they were wont to syt at theyr meate) and also when they iorney may take and vse short and narow garmentes as it shall seme to them good for the tyme onely of theyr ior­ney, but for so moche as bysshoppes may not boldly rebuke other if they correcte not them selfe, and theyr owne householde in this be­halfe, we ordeyne that the bysshoppes of our prouynce obserue and kepe becomlines in tonsure garmentes and other thynges before re­hersed and cause the clerkes of theyr house lykewyse to do.

VT clericalis ordinis et infra. Clerkes that haue benefyces or holy ordres may not be bold to kepe cōcubines openly in theyr houses, nother may haue open haunt to them in any other place with slaunder. And if it chaunce that theyr concubines hauynge open monition wyll not departe from them, let [Page 32] them be euen dreuyn from the chyrch of god, whiche they haue presumed so to slaunder, & let them not be admytted nor receyued vnto ecclesiasticall sacramentes. And if they wyll not so absteyne, let them be stryken with the sweerde of excommunication, and then at last let the seculer power be called vpon agaynste them. And as for the clerkes thē selfes a [...]t [...]r they be ones canonically monyshed, we wyll they be loked vpon by subtraction of theyr offyce and benefyce.

BEcause that clerkes maried, bygamyes and also lay persons do take vpon them to excercyse ecclesiasticall iurisdiction, and to enquere and serche ponyshe and correct, som­tyme in theyr owne name and somtyme vnder the shadowe and cloke of an other mannes [Page] name, such crimes and excesses as apperteyne to the iudgement & ponysshment of the chyrch and to decre letters of excommunication and suspencion. And also be scribes & registers of such maters of correction and the kepers of the same registers, by meanes wherof the chyrch sofferyth no lytell slaunder and the auctorite and censure therof is lytell regarded. Therfore we purposyng to withstond suche slaunders and to loke vpon the honestye and honour of the chyrch in folowyng the steppes of the holye canons by auctorite of this coun­sell ordeyne and establysshe, that no clerke maryed bygamus or lay shall excercyse from hensforthe within our prouynce of Canter­bury any maner spirituall iurisdiction vnder any colour eyther in his owne name or any other persons name, or shall be scribe or regi­ster in causes of correction, that is to say whē processe is made for the correctiō of the soule, or by offyce of the iudge, or by any meanes shall be the keper of the registre of such corre­ctions. And what so euer ordinarie vnder the degre of a bysshop, or other persone hauynge ecclesiasticall iurisdiction do presume to take and receyue a clerke, maryed, lay or bygamie, vnto the premysses or any of them, or after the space of .ii. monethes frō the tyme of pub­lication of this constitution doo wyttyngly suffer or kepe hym in the offyce of such iuris­diction, or do not really remoue hym which is admytted, or shall hereafter be admytted, he shall incurre in so doynge the payne of suspencion [Page 33] from excercysyng suche iurisdiction, and also from chyrche entrye, moreouer what so euer citacions, processes, sentences, actes, and gestes be had or made by the sayd clerkes ma­ried lay or bygamyes in the premysses or any of them after the maner before rehersed, shall be of no valew, but shall be vayne voyde and of none effecte in the lawe. And the same cler­kes maryed bygamies or lay if they take vpō them the premysses or any of them contrarys to the prohibition of this presente counsell, shall incurre in so doynge the sentence of the great excommunication.

CVm hostis antiquus et infra. we muste dylygently beware that the care of the lordes flocke be not commytted vnto such as eyther thoroughe neglygence wyl not, eyther thoroughe ignoraunce can not dilygently in­tend (as it becommeth) the charge commytted vnto them. And therfore we ordeyne that no bysshop admyt any to a vicarege, excepte he wyll personally mynistre in the chyrch where the vicarege is that is gyuen hym. And also [Page] be such one as may within shorte tyme be or­dered in to a preest, but if any be admytted, & wyll not be preest, he shall loose his vicarege, And because it is agaynst honestye that chyr­ches shulde stonde desolate of shepardes tho­rough theyr small aduauntages and profet­tes, we ordeyne by this presente deere, that chyrches whiche be not in profectes aboue .v. markes shall not be gyuen, but to suche per­sones as may be resident in the same, and minystre in theyr owne {per}sones, but if it chaunce any suche to be admytted as wyll not be resi­dent or ministre in the same after they be ones warned by the bysstop of the diocese let them be depriued seynge the lordes bred ought not to be gyuen but to them that labour.

PReterea et infra. we establysshe that persons which make not corporal residence in theyr chyrches, nother haue vicars, shall kepe hospitalite by theyr fermers or stuardes accordyng as the chyrches may beare, so that at the lestwayes the extreme necessite of the pore parysshens be holpen and releuyd, & such as passeth by preachynge the wordes of god may reccyue necessarie bodely foode, lest theyr chyrches be forsaken of preachers thoroughe the violence of pouertye, for the worke man is worthy of his meate, nother any is bound to go a warfare at his owne coste & charge.

IN decimis et infra. By approbation of this counsell we ordeyne that religiouse [Page 34] persones, hauynge ecclesiasticall benefyces within our prouynce shall yerely dystribute vnto the pore parysshens of theyr benefyces, a certayne quantite of almes, whiche shall be lymitted at the arbitrement of the ordinaries of the same places after the value of such be­nefyces, wherunto they shall be compelled of theyr bysshoppes by peyne of sequestration & subtraction of the fructes & profectes of suche benefices, vntyll they obey competently in the premysses.

AVdistis et infra. Accordynge to the forme of the generall counsell we de­cre, all benefyces hauynge care of soules, whyche they obteygne in dede, that haue [Page] not apostolyk dispensation, for the pluralite of suche benefyces, to be voyde by the lawe, thoroughe the receyuynge of that benefyce, whych they laste receyued. And albeit he that so receyueth many benefyces, is depriued by the lawe from the last after the rigour of the cōstitutiō of lord Octobone, seing that by the sayd cōstitutiō, the institutiō is voyde by the lawe, we not withstandyng intendyng to be­ware that we seame not to hepe rigour vpon rigour and clerly perceyuyng and markynge the mynde & intent of the constitutions aswel of the generall counsell as of the lorde Octo­ne, wherof nother taketh away the benefyces before obteyned, and also the laste. But the generall coūsell taketh away onely the foregot­ten and reserueth the last. And the constitutiō of Octobone decreeth the institution in the laste to be voyde by the lawe, and yet taketh not away the foregottē by the lawe, wherfore we (as is sayd) mynglyng mercie with rigour do permyt, that he that hath gotten without the popes dispensation many benefyces with care of soules, shall be content with the laste benefice so obteyned according to the teanour of the generall counsell, except parchaunce of raschenes he stryue to kepe boldely the fore­gotten also, in which case we iudge hym worthy nother of the fyrste nother of the laste, no nother of any meane or other, but rather all to be voyde by the law, ye and all to be taken from hym for euer in asmoche as he kepyth them gootten in dede, but not gootten by the [Page 35] lawe et infra. we also decre and for euer or­deyne, that who so euer hensforth receyue many bn̄fyces, all hauing care of soules, or otherwyse imcompatible without the popes dispēsation, or get them by way of institutiō or cō­mendam or custodie, otherwyse then the con­stitution of Gregorie made in the counsell of Lyons doth permyt, the same in so doynge to be depriued from all benefyces that he hathe so obteyned, and moreouer for so doyng to be wrapped in the sentence of excommunicatiō, from whiche he shall not obteyne the gyfte of absolutiō, but onely by vs or our successours or by the apostolyke see.

CVm secundum Apostolum et infra. yf any be canonically {pre}sented vnto a chyr­che no man spekyng agaynst it, we decre that the bysshop in no meanes shall dyffer aboue. ii. monethes to admyt hym that is presented so that he be able & mete, or els what so euer [Page] chauncethe to be receyued of the same bene­fyce after the presentation, let it be restored vnto hym when he is instituted as farforth as those fructes be come to the bysshops hād. The archedeacon shal do lykewyse if he haue bē the cause, wherby he that was canonically {pre}sented, was not admytted within the sayd tyme, excepte he prepose to shewe some reasonable cause before his superior when by hym he shall be required for the same, that is to saye, for what cause he dyd not admyt hym within the tyme apoynted in this coūsell.

¶ The constitution of Io­han Peccham.

EX solito cursu causarum et infra. we ordeyne that euery bysshop shall graunt & gyue vnto the clerke whom he admytteth to a chyrch, letters patentes vpon his admyssion conteynyng amonges other thynges in what order he is, and by what tytle he is admytted to suche benefyce.

ITem quia archidiaconi et infra. By ap­probation of this holy counsell, we or­deyne, that such as be bound at the superiors commaundement to inducte, them that be ad­mytted vnto ecclesiasticall benefyces, shall be cōtented for such theyr inductyng with moderate expenses, that is, if the archedeacon inducte he shall be content with .xl.d if his offi­ciall, with ii.s a daye for all his owne expen­ses and his wayters, puttynge hym that shall [Page 36] be inducted, neuerthelesse to his choyse whe­ther he wyll prouyde for the inductor & his seruauntes in such quantite of money, or els in other thynges necessarye, if any thyng aboue this be receyued of the inductors, by occasion of the {pre}mysses, or els if they receyue any more for the induction or if it happen them by any colour without cause reasonable to dyffer theyr induction or the makyng of letters cer­tificatorie or theyr delyueraunce, to suche as be inducted, we wyll them that be culpable in this behalf to incurre suspencion from offyce and chyrch entrye in so doyng, vntyll all be restored that is receyued contrarye hereunto & full satisfaction be made to hym that is hurt thorough theyr faute in the premysses.

ANostris maioribus et infra. we ordeyne and make decre, that the benefice of holy water shall be gyuen vnto pore clerkes. And for so moch as we haue hard that stryffe somtyme hath rysen betwyxte the persones and vicars of chyrches and theyr parysshens vpō the geuyng of such benefyces whiche stryffes as it is to vs plesaunte so ought we to cut away, we decre and ordeyne that the same persones and vicars (to whom it more apper­teyneth to know, which be apte and mete for such benefyces) shall endeuour themselfes to make such clerkes in the sayd roumes as can and may conueniently serue and intend them in diuine seruice after theyr myndes, and wyl be obedient vnto theyr commaundementes, from whom if the parysshens wyl frowardly withdraw the accustomed almes, let them di­lygently be monysshed to gyue them, ye & if nede be let them be straitly compelled by all maner ecclesiasticall ponysshementes.

ESurientes auaricie et infra. By fore­syght of this present counsell we statute that what so euer clerkes hereafter doo pro­cure themselfe to be presented vnto dignite personage, offyce or prebende or to any other ecclesiasticall benefyce beynge yet full & pos­sessed in dede by other, or cause any such to be gyuen vnto them by any maner persone. And afterward directly or vndirectly by vertue of [Page 37] brefe quare non admisit, or quare impe­dit or any other lyke do sewe agaynst the bys­shops or other in seculer courte makynge no mention in the sayde brefes of the vnlawfull possessioners of such benefyces, and that they haue ben lawfully called before theyr ordina­ries and yet not remoued, shall incurre in the dede doynge the sentence of the great excom­munication, and so beynge excommunicated in no meanes shall be admytted to such bene­fyces, but shall be counted vnable for euer vnto them, except they fyrste cause inquisitions to be made at the ordinaries commaundemē­tes vpō the causes of the pretensed vacatiōs, and also cause the possessioners canonically to be amoued by the ecclesiasticall iudges cō­petent in that behalfe, but if any contrarie to this be instituted or admytted in facte vnto a benefyce possessed by an other, such institutiō or admyssion shall lacke effecte in the lawe. And who so euer doth so institute or admytte other by his owne right other by right cōmitted vnto hym, any so presented (the possessio­ner of that benefyce by sufficient auctorite & sententially in ecclesiasticall courte fyrste not remoued) know he hymselfe so long to be sus­pended from offyce and benefyce vntyll the benefyce with all damages and losses be re­stored vnto the possessioner as congruyte re­quireth. And he that so is instituted or admytted if he suffer hymselfe to be inducted contrarye to this statute, in a benefyce obteyned by an other, shall be taken as intruded and shall [Page] incurre in the dede doyng the penalytes of in­trusion, whiche be conteyned in the constitu­tion of Octobone, whose begynnyng is amo­ris proprii, and all other penalytes decreed by the canons and holy fathers, notwitstan­dyng we intend not thorough the {pre}mysses to derogate the power of ordinaries, but that they may gyue the benefyces apparteynynge to theyr collation, who so euer be possessed in facte, and not by the lawe, nother by this constitution wyll we bynd them that admyt the collation of theyr benefyces.

VT secundum canonicas sanctiones et infra. we wyll that the prelates of rely­giouse houses, nother sell, nother frely gyue to clerkes or lay, corrodyes or stypendes for euer or for a tyme except vrgente necessite re­quire it, & the diocesane therunto consent.

VEndentes et infra. Chyrches maye not be set to ferme but to men of the chyrch of pure lyffe and honestye, which the byshops of that partyes may frely correcte & order, & in such settyng it must be prouyded that a good portiō agreable to the law, which is the .iiii. parte, be assygned by the bisshops arbitremēt [Page] out of such farmes to be faythfully distribu­ted to the pore parysshens so that .iiii. creda­ble persons of the same paryssh may wytnes it trewly to be done. And that all fayned and colored bargayns may be excluded from such outlettynges & fermes, by whyche the chyr­ches be graunted and the ferme letten to the lay in the persones of clerkes falsely surmy­sed, or vnder the name of the holy water clerk we ordeyne the holy counsell approuynge the same, that if any clerke be found in such craft he shall be ponysshed accordyng to the statute of lorde Octobone, ye and more greuously if the prelates thynke it expedient.

LIcet bone memorie et infra. By appro­bation of this prouincyall counsell, we adde vnto the constitutions that be made be­fore, ordeynyng that as oft as any ecclesiasti­cal benefice of our prouince frō this tyme for wardes is set to ferme to a clerke and a lay, or the name of a lay is put with the name of a clerke in the instrumentes made vpon such lease, or a clerke is fayned to be the farmer when in dede he is not, or els if any lay gether in theyr owne name the fructes, rentes, and prouentes of benefyces sette to ferme, and cō­uerte thē directly in to theyr owne vses, suche contractes shall not holde, nor eyther parte shall be bound to other, but aswell the setters as the receyuers of benefyces hensforth after that maner we wyll to be ponysshed (the ad­dition [Page 39] of the clerkes name notwithstanding) by loosyng the thyrde parte of the prouentes of the benefyce so set, or the value therof, to be payd of both (if bothe be able) or els of the setter (if the receyuer be not able) vnto the ca­thedrall chyrch of that place. And because re­ligiouse {per}sons & other which haue ecclesiasti­call benefyces of our {pro}uince vnto theyr owne {pro}per vses, affirme thēself not to be bound by the sayd constitutiōs, by consent of this pre­sent counsell, we ordeyne that if they set to ferme such benefyces, or theyr portions of ty­thes and prouentes, whyche they receyue in thē by vertue of appropriaciō to clerkes, the diocesans licens not obteyned or by any mea­nes to lay people, or how so euer contrary to the tenour of this presente constitution or other, they shall hensforth suffer the same pe­nalyte.

FOr asmoch as relygious persones may not by the lawe possesse any thynge pro­per, which at theyr entrye in to religion gaue both themself, & also al that they had at ones vnto god we presently diffyne that no person beyng in reguler order may {pre}sume to make tement seyng he hath no temporal thyng of his owne, wherof he maye make an other the owner.

REligiosa sinceritas et infra. where it is well prouyded by certayne statute made at Lambeth, that no religiouse persones of what so euer profession they be, may be thexecutours of testamentes, but by the wyll and licens of the ordinaries, we addynge more therunto do ordeyne that no religiouse shal be suffred to be thexecutours of any testamēt excepte his superior wyll pledge or be bounde for hym that he shall suffyciently execute, ge­uynge a full and faythfull rekenyng of the resydue if any be, & also without any stickynge shall make answer to the ordinarie of that place, for losses and damages if any through hym shall aryse. And because that certayne which beare the habyt of religion, althoughe they be not made executours, be made neuer­thelesse somtyme of theyr owne hed and som­tyme by the folysshnes of other, the distribu­ters of the deedes goodes, wherof we se great hurte and losses to come vnto suche goodes, therfore we commaund the same thynge to be [Page 41] obserued about suche dystribution, as is be­fore prouyded for the execution, forbeadynge them vnder the payne of anatheme, that is eternall dampnation, otherwyse to medell with such executiō or distribution, wherfore such as can not gyue sufficiēt caution, know they that by determination of this presente counsell themselfe to be excluded as well frō execution as distribution of such goodes foreuer.

ALso because the ordinaries of places, hath ben hytherto (as it is reported) ve­rye heuye and costly vnto the executours of testamētes, by sekyng out delayes, craftes, & cautels about the insinuation of testamētes, and commyttynge of the adminystration, to the intent they mought the rather mylke thē of theyr money, we ordeyne that for the insi­nuation of a pore mannes testament whose inuentarie passeth not a. C.s. sterlynges, no­thynge in the worlde shall be required.

CAlling to mynd the statute made by Boniface of good memorie ones archebys­shop of Canterbury our predecessour conter­nynge the goodes of them that dye intestate, and the last wylles of ascriptes and of other men of seruile condition whose begynnynge is, Ceterum contingit interdum. &c̄. whiche statute of late is called in to doubt by many men, we therfore (some thynges added vnto [Page] the same and som thynges taken away as i [...] appereth by the wordes ensuyng) do ordeyn [...] the same firmely hereafter to be obserued [...] kepte, but it hapneth som tymes that whe [...] lay people and clerkes by the hande and iud­gement of god departe intestate, the lordes of the feodes wyll not suffer the dettes of the dedes to be payde of theyr moueable goodes, nother wyll suffer the sayde goodes to be dy­stributed in the vses of theyr wyffes, they; chyldren or parentes, or that portione, whych after the custome of the countrey appertey­neth to the ded otherwyse to be bestowed for them at the dysposition of the ordynaries. Other ther be that letteth or causeth to be let the fre makynge of testamentes and theyr executions, & the last wylles of ascriptes & of other {per}sons of seruile conditiō of womē also both vnmaried & vnmaried, & of theyr owne wyffes and of other mennes wyffes, whyche thynges they do aswell agaynst the lawes as agaynst the customes of the chyrch hytherto approued vnto the dyspleasure of the diuine maiestye and euident hurte and iniurie of the chyrches ryghtes. wherfore by auctorite of this present counsell we decre all and syngu­ler that hereafter offende in these thynges or any of them to be wrapt in the sentēce of the great excommunication, moreouer when te­stamentes be proued and alowed before the ordinaries of the places (to whom it apper­teyneth) the prouyng or allowyng of such te­stamentes shall in no wyse be required or cal­led [Page 42] agayne of the lay iudges, excepte it be by reason of lay fee if any happen to be bequet­hed in a testamente, nother clerkes or lay of what so euer condition they be shall hynder or let, but that the testamentes and last wyl­les of the deed may goo forward and take ef­fecte in such thynges as may be bequethed by custome or lawe. And if ther be any that daro do hereafter cōtrarye to these thynges, know they themselfe to fall in to the sentence of the great course by auctorite of this present counsell. And agaynst them & other whiche worke wyckedly in the premysses, we decre the spirituall sword to be exercysed as agaynst viola­tours and disturbers of the chyrches lyber­tyes. we forbeade also any executour of testa­mentes to be suffred to mynystre the goodes of any testatour, except a trew inuentarye be fyrst made of the sayd goodes, the funerall expenses, & such as shall be spend about the makyng of such inuentarie onely excepted. And we wyll this inuētarie to be deliuered to the ordinaries of the places within the tyme a­poynted by theyr discretions, & after that the testament be proued before the ordinaries ac­cordyng to the maner, the execution or admy­nistration of such goodes shall not be cōmyt­ted vnto any but such as cā & (if nede require) do gyue sufficient caution and faythfull pro­myse to make adue r [...]kenynge of theyr ad­mynystration, when they shall be conue­nientely required therunto by the ordina­ryes of the places. Also we ordeyne by [Page] auctorite of this present counsell that no re­ligious persones of what so euer profession they, be may be executours of testementes excepte it be graunted by the wyll and lycence of theyr ordinaries and the paryshe chyrch receyue his accustomed duetye of the portione that apperteyneth to the d [...]d, w [...] ordeyne moreouer that no executour may take or ap­propriat vnto hymself any thyng of the dea­des goodes, whose testamente he executeth, other by tytle of byeng or any other tytle, but that is gyuē vnto hym of the testatour beyng a lyue, or is left in his testament or last wyll, or is apoynted at the ordinaries discretiō for the labour of the executour, or was owne vnto hym by the dede, or is due for moderate expenses of his admynistration vnder payne of suspensiō from chyrch entrye, in to which we wyll them that do the contrary to incurre in so doynge, wherof they shall not obteyne absolution vntyll they haue restored the thinges so taken or vniustly appropriat and haue payde of theyr owne goods vnto the fabrike of the cathedrall chyrch, wherof the deed was subiecte, doble the thynges whyche they soo take or ap{pro}priat. All and synguler the aboue wrytten we commaunde solemply to be pub­lyshed twyse euery yere in euery chyrche tho­rough our prouynce of Canterbury.

IT a quorūdam et infra. we ordeyne that bysshoppes and other inferior ecclesia­sticall [Page 43] iudges of our {pro}uynce of Canterbury, shall in no wyse by any craft or colour medle with the goodes of clerkes benefyced, which may by the custome of Englande make theyr testament, or with the goodes of any other testatour, except it be in cases expressely per­mytted, but he shall suffer the excecutours of theyr testamentes frely to dyspose & order the same. And the goodes of them that dye in testate suche as remayne after the dettes payde they shall dyspose & dystribute in cha­ritable dedes for the soule helth of the deedes and vnto suche persones as were kynne ser­uauntes or neyghbours of the dedes, or suche other reteynynge nothynge therof to them­selfe (except it seame reasonable somthynge to be reteyned for the ordinaries labour) vn­der payne of suspension from chyrch entrye, wherin we wyll ecclesiasticall iudges doyng the contrarye to incurre in so doynge vntyll they haue made competent satisfaction in the premysses.

ADeo quorundam et infra. we ordeyne that for the prouyng or alowyng or in­sinuation of any maner of testamētes, there shall nothynge in the wordle be receyued by the byssoppes or other ordinaries notwith­stondyng we graunt the clerkes that wrytte suche insinuatiōs to receyue for theyr labour onely .vi.d. but if the inuentarie of any deeddes goodes be found to passe the sum of .xxx.s. and yet commeth not to. C.s. the bysshoppes [Page] or ordinaries or theyr deputes and the audi­tours of countes or other minysters intēding suche accomptes maye not presume to take aboue .xii.d. for the acompte herynge and all thynges to be done about the same, or for let­ters of acquitaunce, or any other, but if the sayd inuentaries conteyne the sum of a .C.s. or more, and yet vnder .xx.li. they that intend the comptes and other ministres beforesayde shall be contented with .iii.s. for theyr labour for the letters of acquitaunces, and for other thynges aboue rehersed. And if they conteyne xx. li. or more and yet lesse then .lx. li. they shall not take aboue .v. s. for theyr labours letters and other wryttynges, but if suche inuenta­ries come to the sum of .xl.li. or more, and yet not to a .C. li. they maye receyue. x.s. for the premysses and not aboue. And if the sayd in­uentaries conteyne the sum of .C. li. or more, and yet not .C. li. they shall not presume to take for the premysses aboue .xx. s. and so as­cendynge or procedynge farther for euery fy­stye rysynge, they may receyue .x.s. euer and besyde the sayd .xx.s. and not aboue, notwithstandynge we permyt to the clerkes to take, for euery letter of acquitaunce, that they wrytte aboue the letters beforesayd .vi.d. for theyr labour. And if it chaunce that any of them do take in any case afore wryttē by any maner of cautell couen or crafte aboue the sum taxed, whether it be in redye money or other thinges he shal be boūd to gyue within a moneth towardes the workes of the cathe­drall [Page 44] chyrch of that place, doble that whiche is receyued aboue duetye, or els if they be bis­shoppes that dyffer aboue the sayde tyme to restore the sayd doble, know they that chyrch entrye is forbeadem them. And if they be inferiour ordinaries they shall be suspended frō offyce & benefyce vntyll they make full pay­ment of suche double to the sayde cathedrall chyrches. And in no wyse letters of acquitaūces shall be graunted or gyuen to the execu­tours of testamentes in the tyme of theyr probation alowynge or insinuation or after­wardes before the executours haue made a faythfull accomptes of theyr admynstration vnder payne of suspencion from chyrche en­trye by the space of .vi. monethes, in to which we wyll them that do the contrary to incurre in so doynge.

BEcause we moche desyre to quenche the stryffes whiche often ryse betwyxte the persons of chyrches and theyr parysshens, we make and ordeyne that if he that departeth haue in goodes .iii. beastes at the lest or more, of what so euer kynde they be (the best reser­ued for hym that ought to haue it) the nexte best shall be that chyrches where he receyued the sacramentes whyle he lyued.

ALtissimus de terra et infra. None may gyue chyrch rightes vnto an other pree­stes diocesane without his manifeste lycens, whiche ordynaunce we intend not to stretche vnto pylgrymes & palmers or to derogate the case of necessite therbye.

MEn ar so blynded in the way of damna­ble errour that they exchewe not the di­struction of theyr owne soules, whyle they gyue to them that cut downe theyr corne the .x. garbe for theyr labour, & then accomtynge not the same, but vnder this errour of reke­nynge & castynge, do pay to the chyrch the .xi. garbe for the .x. affirmyng that they may pay [Page 46] of the corne not tenthed the wages of they hyred seruaūtes for theyr heruest labour, spe­cially before the tyme of tythynge come. And by this meanes do dispyse the cōmaundementes of the old & new testamētes. The supersti­ciouse also malice of som lay {per}sons hath newly inuēted that when they haue lefte in theyr groūdes certayn tythalbe garbes and yet not marked for the .x. & the spirituall mēnes ser­uauntes do take & cary away in the name of tythyng the sayd garbes or other thynges of the tenthe parte so lefte, they streyt cry out, & call thē theues & cause thē to be arrested or at tached as theues & doo hurt & dyuerse wayes troble both the sayde seruaūtes & theyr may­sters for the caryng & takynge away of suche tythes, And also certayne of the sayd lay peo­ple because the same tythes of garbe & hey or other thynges be caried ouer & vpō theyr grūdes sue the spirituall men and theyr myny­sters ī the seculer court & wery thē with great labours & expēses. Moreouer ther be that set & apoynt the wayges & caryages in to the fel­des & frō the feldes in places of euyll & combe­rous cariage & by long circuytes & wyll suffer thē to carye the tythes & bryng theyr caryage onely by these wayes with great difficultye contrarye to the chyrches lybertye. And some when they haue cast out the garbes & marked thē for the tenth, yet they wyll not suffer thē to be caryed frō theyr ground as long as any of the blade remayneth in them, but wyt­tyngly doo suffer theyr owne and others beastes to breake and consume them, [Page] and do make diuerse stoppes, lettes, and im­pedimētes, and also cause and procure many stoppes to be made, about the payage gethe­ryng & away cariyage of the same tythes vn­to the great hurte and manifeste preiudice of the lyberties and ryghtes of the chyrche and the ieopardye of theyr soules. Therfore we beynge desyrons to prouyde a good remedye agaynst the labour and damnable boldnes of such wycked persons by deliberation of this present counsell we pronounce all and euery that hereafter offende in the premysses or any therof, within our prouynce, or commaunde the vnlawefull foresayd thynges or any par­te of them to be done or in any wyse procure them or ratifye them when they be done in theyr name, furthermore all and synguler such as worke wycked inuentions and deceytes, by the whych the ryghtes or approbated cu­stomes or the libertyes of the chyrche be in any thyng dymynisshed or suffer any iniurie, damage or greyffes contrary to the chyrth lybertye, to be wrapped in the bondes of the great excommunication, theyr absolution re­serued specially to theyr diocesane the poynt of deth onely excepted.

AL be it god hath promysed abundans of all fructe and fatnes of possessions vnto all that pay theyr tythes well and truely yet (with greuous hart we speake it) therbe of our prouynce which contrary to the doctrine of the olde and newe testamentes doth refuse [Page 47] and denye to paye tythes to god & the chyrche vnto which they be notably due, of theyr coppys and lopped woddes and trees, in whiche there is leste coste bes [...]owed the [...]n the tr [...]ctes of the fyldes thynkynge that they may nowe lawfully denye to pay them leynge they haue not before tyme ben payed, and to do take it for a lawe, whiche hath groweth vp by [...]o [...]ge custome, callyng into doubt moreouer what ought to be iudged copys wodde, wherfore we perceyuynge that though the chyrch haue ben longe detrauded of her portion yet the faute is not therby dyminyshed, but rather augmented, and that hunger, penurie, and nedynes of all thynges do the oppresse thē that pay not well and truely theyr tythes, by pro­uision of this counsell we declare and wyll, that to be taken for copies wod whyche is kept and noryshed to be cut, of what so euer kynde of trees it be and after it is cut dothe growe agayne from the stockes and rotes. And that tythe reall and prediall ought to be payde of the same vnto the parysshe and mo­ther chyrches. And also that all possessions of suche woddes shall be compelled by all po­nyshement of the chyrche to pay tythes of all wod cut in them lykewyse as they do of hay and blade.

IMmoderate temeritatis et infra. we do decre with full declaration of this present counsell, that all maner lay men whiche vnder pretexte of any maner dede custome or [Page] any maner coloure doo occupye take or any wyse dyspose the oblatiōs made or hereafter to be made in the honour of god in chyrches, chapels or there porches or lettens or in any other place within our prouynce, to stonde in so doynge vnder sentence of the greate curse, except it be done with the consent of the spi­rituall persones to whom the receyte of such oblations doth apparteyne and for a suffy­cient and lawfull cause approued fyrst by the byshop of that place.

¶ Roobert wynchelsen.

FOr so moch as thorough dyuerse custo­mes in askyng tythes, debates, and stryues, occasions of euyl and great hatredes of­ten tymes doth ryse in dyuerse chyrches be­twyxt the persons and theyr parysshens, therfore we wyll and ordeyne that in all chyrches thorough out the prouynce of Canterbury, there be one fasshyon and forme of tythes, & other spirituall profytes. Fyrst we wyll that the tenth of fructes be payde holy without diminution or deduction of expenses, aswell of the fructes of trees as of al maner seedes and herbes of gardens, except the paryshens suf­fyciently redeme such tythes. Also we wyll & ordeyne that tythe of hay be requyred wher­so euer it growe, whether it be in great or in small medewes, or in chimynes, & that they be payde as the profyt of the chyrche shall re­quire. And as touchyng the bryngynge vp of [Page 48] catell as of lammes, we ordeyne that for .vi. lammes and vnder, syx hallepens be gyuen for tyth, if ther be .vii. lammes in nombre the seuenthe shalbe the persones for his tythe, so that the person which hath receyned the .vii. lamme paye .i. d. ob. in recompense, vnto the paryshē of whō he hath receyued the lamme, and he that receyueth the eyght shal gyue .i.d and the nyenth an. ob. to his paryshen, or if the persone wyll rather, let hym tary to an other yere, tyll he maye receyue the .x. lamme in full nombre. And he that so doth tary shall require the secound best lamme or at the leste the thyrde beste of the seconde yere, and that for the forbearyng of the fyrste yere. And so is it to be vnderstond of the .x. of wolle, but if the shepe be noryshed in one place in the wynter & an other place in the somer, the thenthe must be diuydyd, lykewyse if any man bye or sell shepe in the myd tyme, beynge certayne from what paryshe the shepe cam the tenthe muste be diuyded as it is in that thynge that foloweth two dwelling places. but if it be vncertayne from what paryshe they come, let that chyrch haue the hole tyth within whose boundes they be at shere tyme, as concernyng mylke, we wyll the tythe to be payde of the chese in his tyme and of the mylke in autūme and wynter, except the paryshens wyll make a comptente redemption for suche and that accordynge to the value of the .x. and for the chyrches profyt, of the prouentes of mylles, we woll the tenthe to be payde fully & fayth­fully, [Page] of pastures and closes aswell commen as not commen, we ordeyne that tythe be faythfully payde, and that after the nombre of the catell and dayes as it is profytable to the chyrch, we statute and ordeyne that tythe be required and payde in due maner of all maner fysshynge and of bees as it is of other goodes iustly gotten, whyche renewe euery yere, we also decre {per}sonall tythes to be payde of artificers and marchauntes of theyr get­tynges in theyr busynes lykewyse of carpyn­ters, smythes, masons, weuers, inkepers, and of all other workemen and labourers, & such as serue for wages, we wyll that they gyue the thente of theyr wages oneles the same wyll gyue a certayne towardes the workes or lyghtes of the chyrche if it shall so please the persone. In requiryng the principall legatye that is a mortuarye, we wyll the custome of that parysshe or diocese, which the chyrche is possessed of to be obserued and kept so that whether he be person or vicare or yerely chapleyne, he haue god before his eyes in the as­kynge and requirynge therof, but in asmoche as ther be many that wyll not wyllyngly pay tythes, we statute that the parochians be monysshed ones twyse and thryfe to paye to god and the chyrche. And so at lenght let them be dryuen thereunto by ecclesiastycall censures, if nede require. And if they desyre to be relea­sed or absolued from the sayd suspencion let them be send to the ordinarie of that place to be absolued and in due maner to be ponyshed [Page 49] And the persones or vicars or yerely chap­leyns named paryshe preestes which other by feare, or fauour of man without regarde of the feare of god do not aske and require with effecte the tythes in maner aforesayde, shall stond suspēd vntyll such season as they haue payde halfe a marke of syluer vnto tharche­deacon of that place, for theyr inobedience.

IN asmoch as many and diuerse conten­tions doth ryse (as we here) vpon the ty­thes and reysyng vp of catell betwyxt the persones of chyrches thorough the remouyng of catall in dyuerse paryshes at diuerse seasons of the yere we wyllyng to prepare the way of peace, do defyne and ordeyne, that in what so euer parysshe the shepe doo continually lye & feade from shere tyme, vnto the feast of saynt Martyne in wynter, the tythe of woll, mylke and chese, of that tyme shall be payde hole to the same paryshe although they be remoued from thens and be shorne in an other. And lest crafte shulde be wrought in the sayd case we commaund that before the shepe be remoued from theyr pasture or otherwyse taken away, the persones of the chyrches be assured for payment of the tythe, but if they be remo­ued vnto dyuerse paryshes within the sayde tyme, euery chyrch shall receyue the tenth ac­cordynge to the rate of the tyme so that lesse space then .xxx. dayes be not acounted, but if they lye in one paryshe and fede contynually [Page] in an other thorough out the sayde tyme let the tenth be diuyded betwyxte them. And if they be brought after the feast of saynt Martyne to straunge fedyng and vntyl sh [...]re tyme be fed ī one, or els dyuerse paryshes, whether it be in the owners pasture, or els in any others, a regarde taken after the nomber of the shepe, let that fedynge be estemed & after the estimation of theyr fedynge let tythes be required of theyr owner. As for the tenth of mylke and chese comynge of kene and gootes it must be payde where they lye and fede, or els if they lye in one paryshe and fede in an other the tythe shalbe dyuyded betwyxte the persones. And lammes, calfes, coltes & other lyke increase tytheable shall be tythed after consyderation of the tyme as they taryed in dyuerse places where they ingendred & where they fell and where they were noryshed, but what shall be payde for the tythe where the mylke thorough the fewnes of kene or shepe is not sufficient to make chese, and what for lammes, calues, coltes, flyses of woll gese, or suche other of the whiche the tenthe can not certaynly be assygned for theyr fewnes, we iudge it to be left to the custome of the place. Also we commaunde that in case any man kyll shepe after saynt Martyns daye, or by any daye chaunce the shepe dye, he omyt not to paye to the paryshe chyrche the due tythe. And if any straunge shepe be shorne in an other paryshe, the tythe shalbe payde to the persone there, excepte it can be suffyciently [Page 50] shewed that such satisfaction is made for the tythe in an other place, that it may lawfully stop the payment to be made there.

SAncta ecclesia et infra. where as by the commaundement of scripture tythes ought to be payde fully and without dymy­nution of all thynges that sprynge of newe thorough the yere no tyme excused. And is also lawfull to euery paryshe preste persone or vicar to compell theyr paryshens by cen­sures of the chyrche to pay theyr tythes, we commaund enioynyng vnder vertue of obe­dience all and synguler persones, vicars, and paryshe prestes with all curates of paryshe chyrches thorough out our diocese that they dylygently monyshe and with effecte cause & euery one in his paryshe monyshe and cause, that all and synguler the sayd paryshens pay fully and without diminution vnto theyr chyrches the tythes vnder specifyed, that is to saye the tythe of mylke, from the fyrste tyme of renewynge aswell in the moneth of Auguste as other monethes. Also of the pro­fytes that ryseth of woddes and trees as by fattyng of swyne if it be sold, of fyshe stewes or pondes and other fyshynges in runnynge or stondyng waters, of trees, of bestes, of do­ues, of seedes of fruct & al maner warm bestes of fowling, of gardyns, of curtylages, of wel of lynyn, of wyne & grane, of turnes in those [Page] places wherby they be made and dygged, of swannes, of capons, of gese, and of duckes, of egges, of hedgerowes, of bees of hony & wax, of mylles, of huntynges, of all craftes & marchaundyses, also of lammes of calues of col­tes after theyr value, and of all prouentes of other thynges from hensforth that they ma­ke competent satisfaction vnto the chyrches to the whyche they be bounde without dedu­ction of expences, except in craftes and mar­chaundyses. And if they refuse to obey theyr monitions, let them compell them to pay the sayd tythes by sentence of suspencion, excom­munication, and interdiction.

SAncte moniales plurime et intra. Some nunnes be so farre deceyued, that when they be of lawfull age and discretion, after they haue lyued lyke nunnes aboue an yere amonges nunnes, they thynke that they be not professed, and that they may lawfully re­tourne to the worlde only, because they haue not receyued the byshopes blessynges with so lempnite of theyr vowe promysed, we put­tynge away such errour by auctorite of this [Page 51] present counsell do declare them to be acoun­ted professed in dede after they haue wyllyn­gly led a regler lyffe aboue an yere in the company of regulers, so moch that they may not be suffred to retourne to the worlde, but yet they shalbe consecrated or couered by the bis­shoppes with due solempnite in theyr tyme. The same we iudge of monkes and all other religious as moche as apparteynethe to the bonde of profession, whiche haue no canoni­call impediment, and haue had vpon them aboue a yere wyllyngly the habyt of religion in any monastery, and that habyt caste of begoon agayn to the worlde, lyke apostatas to be repelled from all maner ecclesiasticall be­nefyces, and shalbe compelled by the order of the lawe to go agayne to theyr monasteries, for which sort we wyll dilygent inquisition, and serche to be made by the archedeacons, for we know that many such do cloke wolfes myndes vnder a lammes skyn.

VVe commaund that prestes oft monyshe the people and specyally the women that they make not theyr vowes but with deliberation, and with the consent of theyr hus­bondes and the counsell of prestes.

FOr asmoch as the olde serpent whyche cōtynually lyeth in wayte agaynst holy men, often seasons the more solytarye and without comfortyng the one the other he fyndeth them, the soner he ouercasteth and con­founded them by his assaultes, by circūspecte deliberation, we ordeyne, that aswell monkes as chanons reguler and nunnes, shall slepe & rest to gether in one dorter euery one hauyng his bed assygned to hymself onely. They shall [Page 52] also eate to gether in one refectorie, and shall not haue theyr meate prepared euery one by hymself but ioyntly and in comen for all, no­ther money shall be gyuē to euery one for his rayment, but all such thynges shalbe diligēt­ly ordered by certayne persones deputed for the same to minystre clothyng as the goodes and facultyes of the house may bere. And when they delyuer new rayment let them re­ceyue the olde and turne them in to the vse of pore men, or other necessytes and that by the counsel of the abbot or abbes, for it shall not be lawfull to the sayd depute, to delyuer any monke or chanon or nunne money or other thyng for his rayment, nother shall it be lawfull to monke chanō or nunne, to receyue any such, and if they do the sayd offycer shalbe de­posed and the monke or chanon or nunne shal lacke theyr new garmentes that yere.

MOreouer in asmoche as it is necessarye effectualy to strength with many reme­dyes the nature and kynd of women, whyche otherwyse is very weake, agaynst the craftynes of the olde enmye, we decre and ordeyne, that nunnes & other women dedicated to the seruyce of god, shall not haue veles or wym­ples of sylke neyther shal dare to bere ī theyr veles nedles of syluer or gold neyther they or monkes or chanōs reguler shall haue sylken gyrdels garnished with gold or siluer neyther [Page] shall were from hensforthe burnet clothe or any other irreguler colour, they shall also measure theyr garmentes after theyr bodyes so that theyr garmētes excede not the length of theyr bodyes, but let them be content to were agarment as Ioseph dyd that cōmenly couereth theyr feete. And onely a nunne pro­fessed may were a rynge and let her be contēt with one, if any dare do contrary to this prohibition and they warned do not amend he or she shall be corrected accordyng to the dys­cipline of theyr rules.

TO thintent that the multitude of wyt­nesses may be a recorde vnto abbottes of theyr honest conuersatiō, which according to the canons ought to be a rule of lyuynge vnto the yonger, we therfore decre, that they change theyr chapleyns or at the leste one of them euery yere, & he that hath but one shall chaunge the same, except ther be a necessarye cause to the contrary, so that if any slaunder of theyr lyfe (whiche god forbede) happen to ryse, to the more theyr lyfe is knowen, the mo wytnesses ther may be of theyr innocencye.

VVe forbeade nunnes to receyue seculer women, but onely necessarye seruauntes to inhabyte within the cōpasse of theyr hou­ses, excepte theyr diocesane ther vnto assent. Also we cōmaund sylence to be kept in place and tyme apoynted aswell of monkes as of [Page 53] chanons & nunnes, neyther shall it be lawful to men or women to goo forth of the cōpasse of theyr house without lycens of theyr supe­riour, whiche shall not be graunted without a certayn cause and honest, so that no cloyste­rer shall goo forth for cause of recreation or to visyt his parentes, except he be such as no euyll can or may be suspected who shall also alwayes haue with hym a felowe. And as oft as lycens is graūted to any to go forth a certayn day shall be apoynted of his home cōmyng. This we wyl also to be obserued, that if the byshop or abbot or the cōuentual prior hauynge no abbot, shall thynke it expedient, that any offender tary for a tyme in an other place, that he be sente to an other house of the same religiō within the same byshopryke or if it be necessarie within an other byshop­ryke. And the diocesane shall compell hym to be admytted who shall be in all thynges ther subiected to reguler discipline, so that if tho­rough his abode, the place where he taryeth be moch charged, an other of that house shal be send to tary in the monastery of the trans­gressour, whiche shall not be receyued in to his owne house agayne, before he haue full repented his faute, and then let hym be cal­led home, by his superior, but if the monaste­ry where the offender taryeth sende none in his stede, vnto his monastery, the offender shall haue his clothynge from his owne place.

VVe forbede all syngularyte in theyr re­fectorie, that is to say, that mete be not prepared, otherwyse for one then for an other but he that is cheyf shall prouyde somtymes suche thynges to be ordeyned for hymselfe wherwith he may socour and helpe the wea­kenes and sykenes of other as it shall seame expedient, we wyll also all maner of vytall for religiouse persones to be set before them without any subtraction as well in theyr cō­uent as els where they be refreshed. And that that is left of the hole set before them to goo to the almose without dymynution to be gy­uen to the pore, by the amner so that neyther the abbot neyther the prior or amner maye otherwyse order it. And who so euer wyl not admyt or kepe this statute, or that statute cō­cernyng rayment, let hym be suspended if he be a preste from celebratyng diuine seruyce if he be of inferiour orders or a nunne, from the receyuyng of Chrystes bodye vntyll full sa­tisfaction be made. Also we forbede all nun­nes to eate fleshe by them selfe in such refectories where they were not wont to eate fleshe moreouer we wyll no monke to be admytted in to an others monasterye for felowshyp or other consideration without the letters of his byshop, or abbot, or prior conuentual ha­uyng none abbot, which thyng we wyll to be obserued amonges chanons reguler & nun­nes, let the byshops also prouyde that nun­nes may be susteyned in all thynges necessa­rye with the goodes of theyr monasterye and [Page 54] suffer none to be admytted aboue theyr nom­ber, or any to be receyued after they be ones brought to theyr nomber. And this we fir­mely decre by the auctorite of this presente counsell. And if it happen hereafter any to be admytted contrary to this ordinaunce aswel the abbes as the priores shall be deposed, we decre also the same of maysters and priors that haue the orderyng of nunnes, if they ad­myt any cōtrary to this form, nūnes shal also be confessed of prestes assygned to them by the byshoppes, other clerkes or lay shall not haue often recours to the cloyster of nunnes with out reasonable cause.

BEcause the religiouse specially be assan­ted amonges other vices with the swet­nes of theyr mouthes, we decre that neyther monkes neyther chanons reguler presume to gyue themself to eatyng or drynkyng, but in theyr houses apoynted, but if they thyrste let them aske leue accordyng to theyr rules, and then goo in to theyr refectorye, and so helpe ther necessyte that they folow not theyr vo­luptuousnes, from this generall rule, we ex­cept all syk and them that be in the seruyce of prelates. Furthermore we decre that when for weakenes or any other iust cause, the mōkes tary by themselfe in the misericorde, they haue alwayes with them at the least two ol­dermen or seniors, whyche maye refrayne and kepe downe with due correction the [Page] lyghtnes of other and also testifye how mise­ricordly they haue vsed themself the same we wyll to be kepte amonges chanons reguler, & nunnes.

MAny holy nunnes delyghtyng in the vice of wanderynge, by the example of wan­deryng Dina, doth continually fall in to the slaunder of lyke corruption or rather more perniciouse, for the which ieopardye we pro­uidynge, more desyrouse to se to theyr helthe then to please theyr vayne desyres, do forbede vnder payne of excommunication, that none of them other sole or with a felowe, presume to tary with theyr parentes or kyn be they neuer so nygh, or with straungers of howe so euer great name of dignite or religion they be aboue .iii. naturall dayes for the cause of recreaciō nother for any other necessary cause or occasion (syknes onely excepte) aboue syx dayes, excepte it please the byshops of that place, somtyme otherwyse vpon a cause ne­cessarye whose consciens we lode agaynste that ferefull day in this behalfe. This ordi­naunce we stretch not to them that ar compelled to gather without forth thynges necessa­rye whyle they goo a beggyng.

IN asmoche as great dyuersite of rely­gions ingendreth great cōfusion in the chyrch of god, we commaūd that they which wyll found of new an hospitall or monastery receyue of the ordinarie of the place the ordi­naunces and rules after the whych they may lyue relygiously ī order, moreouer we straitly [Page] commaund, that nother men nother women be shut vp in any place without speciall ly­cens of the diocesane, the place, the maners and qualite of the persones dyligently consy­dered, and also wherwith they shall be found moreouer no seculer persones shall suggered in theyr houses without an honest cause and a manyfest.

VVhen one obteyneth in the kynges lawe the tytle of patronage agaynst an other & the kynge wrytteth vnto the byshop or an other to whom institution apperteyneth to admyt hym, that is presented by hym that hath reecouered, if the benefyce be voyde leste [Page 56] iniurye be done to the patrone let hym that is presented be frely admytted, if no canoni­call impedimēt let, but if the benefyce be not voyde the prelate for his excuse shall shew vnto the kynge or his iustyces that because such benefyce is not voyde he can not fulfyll the kynges commaundement nothwithstan­dyng it shalbe lefull to the patrone to present the possessour agayn that by that meanes the tytle of the patrone that hath obteyned may be declared in tyme after.

PEr nostrā prouinciā et intra. we decre & for euer ordeyne, that no deane or any other prelate, except bishops whole auctorite is not restrayned by this ordināce shall make inquisition concernynge the mater & cause of hym that is presented to a benefyce, but in a full chapytre of that place, the possessioner of the benefyce beyng lawfully called & hauynge so moche space that he may seke at the coun­sell of wysemen & prouyde suffyciēt remedye for the defense of his state & tytle, what so euer be attempted hereafter agaynst this our ordynaunce, we decre it not to hold, condem­nyng neuerthelesse by auctorite of this {pre}sent counsell such deane or prelate to make satis­faction for all damages & losses, that the sayd possessioner hath suffred by hym or them that hath so preuely inquired, and also excludyng hym that hath so ambityously laboured, frō such offyce for euer & suspendynge hym from the obteynyge of any other benefyce by the space of thre yere.

VT archidiaconi et infra. we straitly for­beade all archedeacons, deanes, and of­fycialles that they presume not to excercyse or require by themselfe, or by other any exac­tions, or tallages, of theyr subiectes.

VVe also intendyng a remedye agaynste the greyffes and excesses, which (as we be informed) be layed vpon the subiectes by the archedeacons and deanes apparitors, we ordeyne that when it shall happen them as they go to do theyr executions or other neces­saryes, to entre in to the houses of persones, vicars, or chapleyns, or other prestes or cler­kes, or religiouse persones they requyre no­thynge of them vnder the nam [...] of procura­tions or other seruyce, but receyuynge with thankes gyueng that whych is let before thē let thē be cōtent nother shall they make such executions of theyr commaundementes by messengers and vnder somners but by them­selfe. And such apparitors as do contrary to this and be greuous or iniuryose vnto the subiectes of theyr lordes shalbe ponyshed, and shalbe bounde to restore double to them that be greued.

CRuel and myserable couetousnes hath inuented & brought to passe that great exactions oftentymes be made for the letters of institucions of clerkes that be admytted vnto ecclesyastycall benefyces, lykewyse for the letters of ords for the labour of wrytyng & sealyng although the canōs forbede it saing that as it becommeth not a byshop to sell the leyinge on of his handes, so becommeth it not the mynystre to sell his pensyō, lykewyse the clerkes of archedeacons and of theyr offycyalles [Page] and of other, refuseth to delyuer to them that be presented letters certyfycatorie of the inquisition made, vpon the vacation of benefyces, except they haue fyrste an exces­syue sum of money for the wryityng, we therfore wyllyng to put away this abuse, by de­lyberation of this presente counsell, make this order, that the sayd clerkes shall not re­ceyue by themselfe, or by other for the wryt­tyng of letters of inquisitions, of instituciōs or collations, and commyssions to inducte, or for certifycatoryes of the same, aboue .xii.d. and for the letters of any holy orders aboue. vi.d. In other thynges the ordinaryes ought to set a stypende to theyr seruauntes wher­with they ought to be content, but for the sealyng of such letters, we wyll nothynge to be required nother payde of clerkes ornated with lowe or heygh orders, or any thynge to be gyuen for theyr comynge in or admyssion vnto the marshalles or porters, or barbars, or dorekepers lest thorough any cloke or co­lour the payment made for the sealyng of letters or for theyr sayd commyng in be torned in to damnable lu [...]re. And lest any rashenes or lyghtnes whyche violateth this remedye prouyded shuld passe vnponyshed, if cōtrarye to the premysses any thynge be receyued, we cōmaund doble to be yelded within a meneth, or els clerkes benefyced, whyche dyffer to re­store double that is vniustly receyued knowe they themselfe to be suspended from offyce & benefyce. And clerkes not benefyced and lay [Page 58] men to be forbeadē chyrch entrye vntyll they haue made competent satisfaction of the said double to them that payed it vnto them.

QVamuis lex nature et infra. By aucto­rite of this present coūsell we inhybyte that none presume to receyue of any chyrche procuratiōs to be payde by reason of visita­cion, except he do his offyce of visytaciō dily­gētly to the same chyrch serchyng personally and lokyng vpō with effecte such thynges as ought to be serched & loked vpon. And if any wyll visyt many chyrches vpon one daye let hym be cōtent with one procuration in vyc­tall or in money, vnto the which procuration euery chyrch vpō one day so visyted shal bere proportionabyly his parte, & if the sayd visy­ter haue stond at the coste of the person or vi­car visyted the nyght before the vysytatiō or at the dyner of visitaciō & wyll neuerthelesse haue his procuratiō in money, he shal accōpt the sayd costes & make alowans for the same in the sayd procuration, or otherwyse recom­pense the same, so that he presume in no wyse to exacte or receyue the sayd costes aboue and ouer the accustomed procuratiō in money, or any more in money then dothe remayne after suche costes be ones deducted, if any there be that otherwyse doo, know he hymself to be suspended frō chyrch entrey vntyll he haue restoreth that whych he hath vniustly receyued but because many archedeacons and other ordynaryes indued with the progatyue & pre­emynence of honour or of nobylyte of stocke when they go in [Page] theyr visitacions do passe the nomber of ser­uauntes apoynted in the canons, so that they whych pay proxyes be euer charged agaynste reason in vytall more then the proxyes payed in money was wont to be. Therfore we loue it in the choyse of them that be vysyted, whe­ther they wyl gyue proxyes in money as they were wont, or els fynd them vytals. And mo­reouer if the chyrch visyted haue chapels de­pendyng of her, we ordeyne that for the visy­tyng of such chyrch and her chapels the archedeacons and other ordynaries vysytyng shall be contented with that procuration, whyche was wont to be gyuen for one chyrch in that diocese, vnder payne of suspension from of­fyce & benefyce, in to whych they shall runnet in the dede doyng vntyll they haue payde vn­to the cathedrall chyrche the double of that, whyche they haue receyued aboue one suche procuration. Also because archedeacons and other ordynaries in theyr visitacions, when they fynd fawtes aswel in the chyrches as in the ornamentes and in the closyng of chyrche yardes and in mansion places commaunde them to be repayred vnder payne pecuniarye and then thorough extorsion get from them that dysobey the sayde penalyte, wherwith the sayd fawtes mought be well mended making theyr owne purses fatte wyckedly with the losses of the pore people, in these dayes contrary to the olde maner oppressed. Ther­fore lest any occasion thorough suche penall exactions shulde be mynystred to malyce or [Page 59] grudge agaynst archedeacons and other ordinaries and theyr minystres, for it becommeth not men of the chyrche to yane for vn honeste and penal lucre or to be made ryche therwith we decre that suche penalytes as oft as they be required shall be conuerted in to the repayryng of such fawtes as be found vnder payne of suspension from theyr offyce, wherin we decre them to runne in so doyng that receyue the sayd penalytes to themselfe contrarye to the premysses vntyl such tyme as they restore with effecte, that whyche they haue taken, to the reparacion of the sayd fawtes.

ITem licet quis purgari et infra. Know­ynge manifestly the abuse of archedea­cons and theyr offycialles and of other ordy­naries whyche do exacte of prestes that wyll celebrate within theyr iurisdictions, before they wyll suffer them so to doo, a greate and excessiue quantite of money, chayngynge the lyberalyte of prestes whyche were wont to gyue to the clerkes for regystrynge theyr na­mes a peny, in to a fee of .vi. d. or theyr abought, we therfore decre that hensforthe the sayd archedeacons and other ordinaries or theyr ministres be not so bold as to receyue of the sayd prestes for regystrynge theyr na­mes in theyr fyrste admyssyon to celebrate a­boue a peny vnder payne of suspension from celebratynge diuyne seruyce, and chyrche en­trye wherin they that do the contrary shall incurre vntyll they haue payde the double of [Page] that they haue receyued vnto the fabryke of the cathedrall chyrche of that place.

CVm apparitores et infra. By consent of this present counsel, we ordeyne that euery one of our suffraganes haue one appa­ratour onely, an horseman for theyr dyocese, the archedeacons of our prouynce for euery deanery of theyr archedeaconry to haue one somner onely, not on horse backe, but on foote goyng, whych shall not tary with per­sons or vicars at theyr cost aboue one nyght and one day euery quarter in the yere, except they be specyally desyred by them to tary, neyther yet shall they make any maner gatherynges in generall chapyters other of money other of woll other of lāmes or of any other thynges, notwithstondyng they may receyue with thankes gyuenge suche thynges as be frely gyuen them, but if many be deputed contrarye to thys, or any deputed be founde rashely to violet and breke the premysses, they that haue deputed them shalbe suspen­ded for theyr doynge from offyce & benefyce, vntyll they haue remoued such deputes, whō we also suspende for euer from the offyce of apparatours for that dede doynge.

LEt the {pre}stes beware that they bynd not thēself to the syngyng of pryuat or peculyer masses, wherby they may the lesse serue the chyrch cōmitted vnto thē as they be boūd with canonycall seruyce, neyther let any take [Page] vpon hym to syng annualles excepte he syng dayly for the ded or cause an other specyally to syng, moreouer none shall receyue mo an­nualles to be song then he hath felow prestes excepte he whyche procureth suffragies to be done for the ded expressely consent the memo­rye of the ded to be copled in masse with an other, for let no preste thynke that he be say­inge one masse can satysfye for two, for the whyche he hath promysed specyally to synge for euery one by hymselfe, although the ca­nons say that ther is no lesse receyued, when one masse is said for many ded, then if a masse were sayd for euery one by hymselfe, for it is spoken of masses that be sayd with troubled and combred hart, god forbede that it shulde be thought of any catholyke man one masse deuoutly sayde to stretch as fare and profyt as moch a thowsand men for the whych par­chaūce it is sayd, as a thowsand masses sayd for them with lyke deuotion, for although the sacrifyce whiche is Chryst be of infynyte vertue, yet he worketh not in the sacrament or sacryfyce the heygh fulnes of his greatnes for if he dyd, we neded not to syng for one ded but one masse, for god doth worke in such misteryes vnder a certayne dystributions of his fulnes whiche he hath knyt vnto them with a lawe that can not be expressed. But as con­cernynge them that haue receyued stypend to celebrate annualles and anniuersaryes, and of euyll mynd or neglygens do not theyr due­tye as they be bound, we monyshe them that [Page 61] they supplye the thynges omytted and make full satisfaction in tyme to come. And when so euer they it doo not, let them gyue to the pore suche fructes as they haue receyued, for theyr soules that gyue it vnto thē, or if they neglecte wyllyngly bothe these thynges, let them be sharpely ponyshed of theyr ordina­ryes as deceyuers of the faythful [...].

SAnctum et salubre et infra. we ordeyne that for euery byshop of the dioces of Canterbury that departeth, the resydue of hys felow brethern lyuyng shall syng solēpne seruyce for the ded, not onely in euery theyr chapels, but also when so euer after the deth of one or many byshoppes, they come shortly to gether in counsell, or otherwyse for the chyrch profyt commaundynge, moreouer and fyrmely enioynynge in vertue of obedyence, that all prestes aswell seculer as religiouse as sone as the trouth of his deth is opened vnto them say euery one a masse for the soule of theyr diocesane to be purged from the spottes of synne, we moreouer desyre all prestes religiouse exempte & also seculer if any suche be, that they wyll vouchsaffe fauorably to receyue this ordynaunce the pryuylegyes of theyr exemption in all other thynges saued, or at the leste make this ordynaunce of theyr owne auctorite to be obserued and kept, let­tynge them to wyt that we shall be glad and thanfull for theyr gentyll myndes and shalbe sory if we fynd any vnkynd.

ALtissimus et infra. At the lyftyng vp of Chrystes body let the belles be ronge at the leste of thone syde that the commen peo­ple whyche may not dayly here masse, where so euer they be other in the feldes or in theyr houses may knele downe and receyue the in­dulgentyes graunted of many byshops, we also ordeyne that euery preste hauyng no ca­nonycall excuse syng ones euery weke at the leste, moreouer let the parysh prestes dylygently take hede that they mynystre not Chrystes body to any persone, except it fyrst apere vn­to them, other by wytnes other faythfull to­kens that he is confessed, and the hole charge of such certyfying we put to his othe that receyueth, who ought to seke those thynges that be necessarye to his owne helth. Also none shall gyue ryghtes to an other prestes paryshen without euydent lycens, whych or­dynaunce we intende not to stretch to men that iorney or be in ieopardye neyther to let the cause of necessyte.

QVod sit inhonestum et infra. By the as­sent of our brethern and of the hole coūsell, we decre that who so euer hereafter syng masse in oratories, chapels, or houses not cō­secrate, or in any place not dedicat theyr dio­cesans lycens not obteyned, contrarye to the [Page 62] prohibition of the canōs, that he in so doyng shalbe suspended from celebratyng diuyne seruyce for one monethes space, we also decre, that all suche maner of lycens to celebrate in places not consecrate graunted by the bys­shops of our prouynce, and hereafter to be graūted to any other persons then greate or noble men, whych contynueth in places that be far from the paryshe chyrches or be nota­bly weake or dyseased shall be voyde and of none effecte, neuerthelesse we intende not by thys to derogate prelates and persones and chanons of cathedrall chyrches or relygiouse but that they may lawfully celebrate in theyr oratoryes bulded of olde or cause to be cele­brated as it hath byn vsed, moreouer we wyl not that these prestes whych shall happen to celebrate in the oratories or chapels of kyn­ges or quenes of Englande or for any theyr chyldren whych chapels be now or hereafter shalbe edyfyed to be bound with the foresayd payne.

¶ Rychard.

VVe commaunde that the eucharyste be not consecrated but in a chales of golde or syluer, and that no byshop after thys tyme halow any of tynne or led when the preste at masse tyme wyll gyue peace, let hym not put the holy host vnto hys mouth, for he ought not to touche it with his mouth before the receyte therof, but if he take it frō the paten as som do [Page] let the paten aswel as the schales after masse be rynsed with water if he take it not from the couerynge the chales onely shalbe rynsed, let the preste also haue nygh hand the aulter a cleane cloth hāgyng with in an other cloth and honestly and commenly couered rounde about wherwith he may wype his fyngers and his lyppes after the receyuynge of the holsom sacrament.

¶ walter.

LEt the corporasses palles and other aul­ter closes be hole and clene, and let them be often tymes washed by persones deputed to the same in the canons for the reuerence, and presens of our sauiour and of al the company of heuyn, whych no doubt were present at the doyng of the sacrament, and also whē it was done, let also the wordes of the canon those specyally that apperteyne to the holy sacrament be pronounced full and hole with heygh deuotion of herte, but yet let not the preste be so slowe in the premysses, that he make the herers wery and so robbe his ser­uyce from fatnes of deuotion, for the flyes that dye do corrupt the swetnes of the oynt­ment, that is to saye the fatnes of deuotion, let moreouer no parysh preste take vpon hym to celebrate before he hath sayd matens and prime and the thurd of the day also no clerke shalbe permytted to mynystre at the aulter excepte he haue a surplyce vpon hym. And at masse tyme let two candels or one at the leste be lyghted. we forbede also, that no preste fallen [Page 63] in to dedly synne presume to come at the aulter to synge masse before he be confessed, neyther let hym thynke, as some do that erre, that mortall synnes be washed away by generall confession.

STtypendarye proues and other prestes, that syng within our prouince, whether they fynd themselfe or be found by other shal not receyue offrynges, portions, profytes, masse pens, trentalles or any maner certayn­tye specyally offrynges for the corse present, without lycens obteyned of the persons or vicars of the chyrches where they serue, ney­ther ī any wyse shal trāslate thens these thynges in preiudyce of the persones or vicars of the sayde chyrches or in theyr preiudyce that be in theyr stedes leste they fall in to the sen­tence of the great excommunication promul­ged in that behalfe, we also decre, that suche prestes seruyng within our prouynce, be pre­sent in the chauncell at matens, at cuynsong and other dyuyne seruyce in due houres we­ryng surplyces, whych they shall bye at theyr owne cost. And shall not be in the body of the chyrch or the chyrchyard or in the feldes. And if they be corrected for these thynges by theyr rulers let them not disdayne and set vp theyr brystels agaynst them, neyther prouoke any to support or defende them, but let them be in ioyned in vertue of obedyrnce that they be present at the foresayd tymes redynge & syn­gyng in psalmis. And the sayd prestes shalbe gyne & ende theyr masses vpon the sondayes [Page] and holy dayes, and when the body of any deed is present after the gospell of heyghe masse and not before without lycens of the persone or vicar or the ruler asked and ob­teyned.

EFfrenata et infra. By the counsell and assent of our brethern, we decre and or­deyne that chapleyns what so euer they be not benefyced specyally they whyche be mete to serue acure shall leue all pryuat and secu­lyer seruyce, and shall serue a paryshe chyrche or chapell therunto belongyng, for competēt stypend, when so euer they shall be requyred by the dyocesane or any ordynarye iudge competent in that behalfe vnder payne of suspension from theyr offyce, in the whych they shal runne if when they be required as aforesayd they effectually within .xx. dayes space obey not so ther be no lawefull impediment to let them.

EFfrenata et infra. Although lord Sy­mon Islepe of happye memorie late ar­chebyshop of Canterbury, our predecessour, by the counsell and assent of his brethern in hys lyffe tyme, dyd statute and ordeyne, that chapleyns celebratynge annualles, and other not intendynge the cure of soules, shalbe contented with the sum of .v. markrs, and they that serued parysh chyrches chapels or cures to them apparteynynge with the sum of .vi. markes for theyr yerely stypendes decreynge [Page 64] the payne of suspension from offyce agaynst them that obey not, neuerthelesse we lokyng vpon the qualyte of tymes, by the counsell & assente of our brethern and suffraganes, de­cre that who so euer shal celebrate annualles for soules of the ded within our dioce or the prouynce of Canterbury shall be contented with seuen markes, or theyr borde and .iii. markes and other that serue cures with .viii markes or theyr borde and .iiii. markes yere­ly. And no maner wyse to receyue aboue, ex­cepte the diocesane of the place, fyrste other­wyse apoynt them to be ordered that shall serue cures, if any clerke dare breke this our constitution other in gyuenge other in recey­uyng, he shall fall in to the tentens of excom­munication in so doyng, from the whych he can not be ryde, but by the diocesane of that place in the whyche he hath trespased. And who so euer breake thys our present statute after publication made therof accordynge to the canons, we wyll them to be wrapped and bound in all sentenses conteyned in the same.

ABought the sacrament of baptyme we fynde some to haue erred for although it [Page 65] be graunted to the lay both men and women if the yonglynges be in ieopardye in the artycle of necessyte to baptyse them, and such maner of baptyme to be suffycyent if due forme be kept, neyther ought they to be rebaptysed that so be baptysed, nothwithstandynge som folyshe prestes doo baptyse agayne the yon­gones so baptysed, not without the iniurye of the sacrament, whyche thyng hereafter to be done we vtterly forbeade, but let the adiu­cations agaynste the Deuyll and the instruc­tions of the fayth be sayd ouer the baptysed, for the reuerence of the chyrche that hath so decreed. The forme of the sacrament in the commen tonge, stondyth not onely in the syg­nes, but also in the order of the self same wordes with whyche the sacrament is instytuted of god, wherby Chryste the lorde hath gyuen regeneratyue power, vnto these wordes or­dered as they be in the laten tong, therfore let it thus be spoken of them that do baptyse. I chrysten the in the name of the father, & of the sonne, and of the holy ghost, or otherwyse in the mother tong after the countrey custome, or in frenche thus. Ie te baptize au nom du pere, et du filz, et du saynct esperit. But if the preste probably doubt whether the lytel one be baptysed in due forme or not, let hym saye (obseruynge the maner of the decretall with adiurations and instructions) if thou be bap­tysed I do not baptyse the agayne, if thou be not yet baptysed, I baptyse the in the name of the father, and of the sonne, & of the holy [Page] ghost, let the prestes also take hede that they suffer not nyse and wanton names to be gy­uen to the yongies, whē they be baptysed specially of the woman kynde, whyche names spoken sound to wantones, and if the cōtra­ry be done, let it be redressed by the byshoppes that confirme them.

VVhere as in the constitutione of Octo­bone it is prouyded, that chyldrē which must be baptysed, shalbe kept vnto the gene­ral baptyme of Ester & Pētecost, for the reuerēce of the statute, whych semeth hytherto to be neglected, we haue iudged it thus to be declared, that chyldren delyuered from the mo­thers wōbes in the eyght dayes before ester & so many before Pentecost, if they may with­out ieopardye, shall be reserued & kept vnto these tymes to be baptysed, so that in the meane tyme betwyxt the byrth of the chyldrē and perfyet baptyme they receyue informa­tion with adiurations and other seruyce be­fore baptyme, and onely the plungynge to be left for the dayes of baptyme. Also other that be borne other seasons of the yere, partely for ieopardye of deth, whiche commeth sodenly often to chyldren, and partely for the symply cite of theyr parentes, whiche be redy to erre about the forme of baptyme, let them be baptysed after the old custome without any note of offense other incōtynet when they be borne other afterward as it shal please the parētēs.

VVe commaunde the most worthy sacra­ment of the aulter from hensforth so to be kept, that in euery parysh chyrch ther be a tabernacle with a closyng comenly made and worthely as the greatnes of the cure and thabilyte of the chyrche may bere, in the whiche the lordes bodye may be collocate, and in no­wyse shal it be put in a purse or bag for feare of breakynge, but in a fayre pyx garnyshed within with the pureste lynyn, so that without ieopardye of breakyng it may lyghtly be taken out & put in, whiche honorable sacra­ment, we commaunde euery sonday to be re­newed. And the preste whiche is neglygent in kepyng of the sacrament, shalbe ponyshed af­ter the rule of the general counsell, and sharp lyer if he contynue in neglygens.

DIgnissimum et infra. we ordeyne the sa­crament of the aulter to be borne to the syke with due reuerence, the preste hauynge vpon hym at the lest a surplyce with a stole, & lyght borne before hym in a lanterne with a bell, that the people maye be stored vp to due reuerence, whyche must be informed by the prestes wysedom, to knele downe & the lest hūble to pray vnto & honour the same where so euer it happen the kynge of glorye hydden in bred to be borne. And for thys thynge let archedeacons and other visyters be dylygent and careful, vnto the remissyon of theyr tres­paces. And whom they shall fynde neglygent herin, let them be sharply ponyshed.

THat the paryshens of all chyrches of our prouynce of Canterbury, maye be certayne of all defautes that apperteyne to theyr charges, leste betwyxte them and theyr persons any doubt shuld ryse in succession of tyme, we wyll and commaund that hereafter they fynde all these thynges vnder specyfyed. A legend an antiphonarye, a grayle, a psalter a boke of sequēcies, an ordinall, a masseboke, a manuell, a chales, a princypall vestement with his chesyble & albe, a cope for the quere with all appendētes, a pall for the heygh aulter with .iii. tuelles .iii. surplyces, one rechet a crosse for procession, and an other to serue for the ded, a censer, a lanterne, and a lytell bell to goo before the body of Chryste in the vysytyng of syk, an honest pyx for the sayde body, a vayle for the lente ceason, baners forrogation:, dayes belles with theyr cordes, a beare for the ded, a vessell for holy water, a pax, a cādelstyck for the pashall, a fount with his locke, ymages in the chyrch, the principal [Page] ymage in the chauncell, the closynge of the chyrchyard, the repayryng of the body of the chyrche both within and without, aswell in ymages as in glasse wyndowes, the repay­ryng of bokes and vestimentes, when so euer it happen them to nede, as for all other thyn­ges that be not here expressed, as well concer­nyng the reparaciō of the chauncell, as other thynges muste be repayred thorough out by the persons and vicars, or other to whom it apperteyneth after the dyuersite of approba­ted customes of the places.

VVe ordeyne that no inquisitiō that shal hereafter be made vpō the fautes of the housyng or other thynges, apperteynyng vn­to a benefyce, shall preuayle in preiudyce of an other, except it be made by faythfull men sworne in forme of lawe, he also beyng fyrste called whose interest it is. And then the hole and trew estimation of all fautes, whiche be found in the houses or in other thynges, ap­perteynyng to the sayd bn̄fyce, whether they be found by inquisition or by way of compo­sition, the diocesane of that place shall cause the same to be bestowed in reparatiō of the sayd fautes, within a competent season to be set and apoynted by his discretion.

LIcet parochiani et infra. By approba­tion of this present counsel, we ordeyne, that aswel religiouse {per}sones as other, which do obteyne or hereafter shall obteyne in any [Page 68] paryshe of our prouynce, possessions, landes, or reddites, whyche be not of the globe or dowrye of chyrches that muste be repayred, whersoeuer the sayde persones dwell whe­ther within that paryshe or els where, shall bere theyr partes vnto all maner of charges, that apperteyne by lawe or custome to the same paryshes or theyr chyrch or ornamētes of the same, accordyng to the quātite of theyr sayd possessions or redites, considered & cōpared to other of the parysh, wherūto they shal be compelled by the ordinaries of that place, if it so requyre with ecclesiasticall censures, and other remedyes of the lawe.

THat they whyche inuade the chyrche goodes and breke the chyrche lybertyes may be witstond, we decre that such malefa­ctours be denounced by the ordynaryes of the places for sacrilegers & excommunicate per-persons, and if they contynue in theyr malyce by one moneth, then the landes and places where they abyde shalbe interdycted, and no­ther sentense shalbe released, vntyl they haue made suffycyent amendes for the damages & iniuryes. And if any, not regardynge the honour of god, spoyle the chyrche of her posses­sions or her lybertyes, let them be vnder the sayd penalytes, and let the sentense of excom­munication be solemply pronounced agaynst them in forme of lawe, vntyll full restitution and worthy satisfaction be made. And if the sayd commytters of sacrylege, cause the iud­ges or prelates for thys cause to be attached and dystrayned, aswell they as the dystrey­ners shalbe ponyshed by all penalytes made agaynst attachers and dystreyners.

VVhen the kyng hath the custodye of ca­thedrall or cōuentyal chyrches although according to the chartour of lybertyes graū­ted to the chyrche by hym & his predecessours he ought to receyue onely certayne profytes and certayne seruyces and that without the dystraynyng of men and distruction of thyn­ges, it chaūceth neuerthelesse that his bayles through immoderate tallages and exactions [Page 69] doth both violently take away the chyrches tenentes goodes in tyme of vacation, and al­so distroyeth parkes, woddes, store pooles, houses and scatereth the goodes abrode, they euyll intreate the power, and stretche theyr handes not onely to those thynges, whyche they were wont to obteyne by reason of cu­stodye, but also vnto the goodes of them that remayne in lyffe that is to wyte to that blade and store and such other wherwith the chapiter and conuent ought to be susteyned, ye and presume to take other thynges, lykewyse whyche by reason of baronye can in no wyse apperteyne vnto hym. As tythes, and obla­tions belongynge and apperteynyng to chyr­ches appropriat vnto byshoprykes and mo­nasteryes, and other lyke thynges. Therfore to withstond this euyl, we ordeyn that assone as the kynges excheters & baylyes shall haue intrede such custodye, the {pre}lates whych haue iurisdictions shall openly and solemply for­bede al the sayd bayles generally, that vnder payne of excommunication they attempt no suche thynges. But if they doo the contrary, let it be openly declared that they be fallen in to the sentense of excommunication, decreed agaynste the violatours and trobelers of the chyrches lybertyes, vntyll they haue made a competent mendes for the hurtes and iniu­ryes. whyche sentense if they despyce, after suche denounciation let processe be made a­gaynste them, by interdictions and other pe­nalytes ordeyned agaynst such wrong doers. [Page] And excepte the kynge admonyshed therof make competent restitution, or cause the thinges so takē to be restored and amend or cause such hurtes done by his to be amēded, let processe be made agaynst hym, as it is decreed in other cases, tochyng the kyng. And the selfe same thynges, whyche ar before decreed for the kyng and his mynistres, we wyl to be obserued in other inferiour lordes, if paraduenture the custodye come to them.

THorough frowardnes rysen of late, it chaūseth that whē the prelates of chyr­ches goo about to enquere of the discypline & order of maners, and of the fautes & trans­gressions of the subiectes, the great men and other seculer powers, laboryng to let & with stonde the duetyes and offyces of the spyri­tual, doth forbeade the lay, suche as be theyr tenentes or bondmē the spirituall court, that they shal not goo or apere out of the place of theyr lordshyp before theyr ordinaryes, when they be acyted eyther to receyue canonycall correctiō for theyr fautes and excesses, the po­nyshement wherof and correction is knowen to apperteyne by lawe or custome vnto thor­dynaries, eyther for the insinuation or probations of testamentes or accomptes and reke­nynges, vpon the admynistration of the dedes goodes, or for other testamētarye tytles. And doo also let and cause other wyckedly to let [Page 70] and withstonde that the premysses can not be excercysed by the prelates within the places of theyr lordshypes, vsurpynge to them selfe iurisdictions in these thynges, other ther ar whych when men of the chyrch that haue ec­clesiastycall iurisdictiō do inioyne vnto theyr subiectes for theyr fautes and offenses pe­naunce corporal or pecuniarye, and cause thē to do the same as it is lawfull to the sayd ordinaries to do, or for theyr corporall penaūce inioyned accordynge to the measure of theyr offenses, do admyt & receyue bursall redemp­tiō as they iustly may, do indycte the same ordinaryes vpon great extorsions, and so indy­cted do attache them, and imprysone them, & compell them to make answer to them vpon these thynges in the seculer courte, and ther they procure & cause vniustly at theyr owne pleasures pecuniarye muletes and mercementes to be set vpon them by the sayd occasion. And moreouer oftentymes many runne to gether in great companyes, and with moch clamour and noyse come vnto the ecclesiasticall courtes, and verye greuously feare the iud­ges and sueters, and other that haue ought ther to do, wherby ecclesyasticall iurisdiction is confounded, and the offyce of prelates is obprobryously suspended and wyckedly let, and men that lyghtly fall in to vyce, whyle ther is no pononyshmēt to kepe downe transgressours doth promyse and noryshe to themselfe penall impunyte, and prepare a smothe and moche haunted waye vnto the [Page] craftes and baytes of the olde enmye. An other sort ther is, that procureth and causeth many, because they moue maters and causes agaynste theyr aduersaryes in the spirituall court whych ought in dede by lawe or custo­me ther to be entreated, and lykewyse theyr aduocates that speke for them and procura­tours with other ecclesiastycall minystres & iudges that take cognition of the same ma­ters, to be indicted, attached, and imprisoned, and otherwyse to be fatigated diuerse wayes in the seculer courte. And if any tenauntes or other runne to the spiritual courtes, for ma­ters or causes whyche ought by the lawe or custome ther to be hādled, and wyll not cease from thens and take theyr actions in the temporall courtes for the same causes, they often tymes charge them with great mercementes and vniustly vex them with moche labours & expenses. And an other sort ther is that whē the byshoppes wold duely excercyse theyr iu­risdiction in cytes or other places subiected vnto them, vpon such causes as notable ap­perteyne to them, or els for the excercysynge of ecclesiastical iurisdiction, send forth theyr canonicall and lawfull commaundementes, and theyr executions in due maner to be ful­fylled, doth stop and let and cause other to stop and let the same vniustly, and presume to take bete and intreate malyciously and in iuriously the messengers that cary such com­maundementes, and wold doo duely iust exe­cutions, ye and som temporall lordes & theyr [Page 71] bayles pretendynge the goodes of them that dye intestate to be deuolued (althoughe erro­neously) to the sayd lordes make distresses in the same goodes, so that the ordynaries can not conuerte them in to the payment of the dettes, of them that so departe, or in to any other holy vses for the soules helth as it was ordeyned of olde, by the kynges consent and the nobles of the realme of Englande, in the derogation of the chyrches lybertye and the great impedyment & hynderaūce of the spiri­tuall lawe & iurisdictiō. Therfore we by deli­beration of this present counsell do pronūce all and singuler trāsgressors in the premysses or in any parte of them, and cōsenters to the premysses or to any parte of thē or such as do gyue counsell, help, or fauour, to the same, or do alowe & ratifye any of the premysses done in theyr causes or names, to be wrapped in the sentense of the great excommunication, whose absolution we reserue specyally to the diocesanes of the places. And moreouer com­maūde al such transgressours, generally .iiii. tymes in the yere, openly to be denunced ex­communicated in all paryshe chyrches of our prouynce of Canterbury.

PRynces of the worlde whyche haue re­ceyued power of god be wont to get and obteyne that of the obstinate people, by the feare of ponyshement and the swerd of theyr power, whyche the rulers of the chyrch coude not ones fasten in theyr neckes, wherfore ho­norable [Page] antiquyte doth informe vs that if excommunicate persons arrogantly cast of frō them with hard hart the benefyt of humilyte & the desyre of reconsilyng, the kynges power called in to helpe is bound by the due rigour of iustyce to kepe in prison suche rebellions, but it hapneth som tyme that when certayne persons be excommunicated, and that for manifeste offenses, and then at the signification of prelates accordyng to the custome of En­glande be taken and caste in to prysone, the byshopes be commaunded by the kynges bre­ues, that if the imprisoned wyll fynd suretye to obey the lawe and the commaundementes of the chyrche to delyuer them from the pre­sons where they be, but if the byshopes do it not as they nother may nother ought to do, by the lawe before due satisfaction, an other breue is directed to the schreues, that they (after suche caution of the imprisoned be recey­ued) shall delyuer them without delay. Mo­reouer when suggestion is made to the kyn­ges court (although not trewly) that such ex­communicated ar redy to obey the chyrches commaūdementes ther be preceptes made to the schreyues that they shall delyuer & let go the sayd excōmunicated, no mention made of the partyes at whose instance they were ex­cōmunicated. And somtyme whē suggestion is made as before sayd, that the sayd impry­soned be excōmunicated for such cause as apperteyneth not to the spirituall courte, then haue the schryeues in cōmaundemētes, that if such be excommunicated & imprysoned for [Page 72] such cause & none other, to cause the byshops to deliuer thē shortly. And no credēce or fayth is gyuē to the processes of the spūall iudges, vpō such cause of excōmunicatiō. And so the excoīcated in the said cases be vniustly delyuered at such cōmandemētes & {pre}ceptes, wherby the ecclesiasticall iudges offyce is cōfounded & made vayne whyle the lay iudges that haue not the key of power & knowledge (whyche they ar so straitly boūd to folow & obey that the auctorite of examinatiō iudgyng & com­maūdyng is vtterly forbeaden thē in all such thynges, as apperteyneth to the spūall iuris­diction) go about to cut downe an other mā­nes corne, & throuh the wycked companye of the excoīcated persons vniustly as beforesaid delyuered, aswel the schreues & bayles that delyuer thē as other cōmen & faythfull people that kepe cōpanye with such excoīcated be pe­styferously defyled & theyr soules loded with great ieopardye and perels. Agaynst whiche thynges we be moued with feruēt charite to prouyde som remedye. And therfore we enacte that if any excoīcated in our {pro}uynce & impry­soned do so departe, from pryson cōtrarye to the lybertyes & customes of the chyrch of En­glande, they shalbe openly denounced acursed vnto theyr greater confusion and shame, in places notable, solemply with ryngynge of belles, and lyghtynge of candels, and shall vtterly be forbeaden the companye of all faythfull and to bye and sell, or otherwyse to bargayne or cōtracte for theyr owne profyt. And all that vnlefully cōpany with thē shall [Page] be sharpely ponyshed by the censures of the chyrche no regarde of persones taken in that behalfe.

FOr asmoch as the lay be forbeaden as well by the lawes of god as of man to order or dyspose the chyrch goodes, it is ther­fore manifest that this vniust vsurping must be layed a syde, wherby certayne paryshens within our prouynce of Canterbury eyther beyng ignorant what they may do or rather arrogantly passyng the bondes lymyted vn­to them doo plucke vp by the rotes, and cut downe trees and gresse, whych growe in the yardes of chyrches, & chapels at theyr owne pleasures, contrarye & besyde the wyll of persones or vicars and theyr deputes applyinge the same to theyr owne vses, or theyr chyr­ches, or som others. And so they boldly com­myt sacrilege to the ieopardyes of theyr sou­les. And great contentions, stryues, and euyll occasions do ryse almost dayly betwyxte the rulers of chyrches, and theyr paryshens, by meanes therof, wherfore by auctorite of this present counsel, we decre, such bold dispisers of the law, to be wrapped in the sentenses of the great excommunication, comprehended, as wel in the constitution of Octobone ones legate of the see of Rome in Englande, as in the counsell of Oxford, made agaynst the vylatours of the chyrches lybertyes. And who so euer hereafter vnlefully vsurpe in these thynges, we commaunde them to be openly [Page 73] & solemply declared a cursed by the persones or vicars, whych perceyue theyr chyrches to be hurte through the premysses. And the sayd vsurpers we decre to be put from the company of the faythfull to theyr confusion, and shame vntyll they offer, and make effectuall amendes for the premysses.

CVm viris religiosis et infra. we ordeyn that nother monke nother chanon regulyer may take to ferme, chyrch, maner, lande, or any other thyng of his owne house, we al­so straytly forbeade the kepynge of any ma­ner to be commytted to monke or chanon re­guler, whych is not alwayes vnder obedience lest thorough his longe absens from his mo­nasterye or his lewde conuersatiō, som slaunder ryse, if the contrarye be presumed, let it be amended by the superior. Also religyouse persones may not take that chyrche to ferme specyally after the persons deth, wherin they clayme any ryght, if they do, they shall be po­nyshed at the superiors arbitrement.

BI this present ordynaunce, we enacte & decre, that clerkes benefyced or within holy orders, shall not be made procurators of lordshyppes, that is to wyte, they shall not lestuardes or baylyes of such offyces, as by oc­casion therof they shuld be bound to accomptes makynge, vnto the lay, nor shall excercyse seculer iurisdictiōs, specyally those that haue the iugement of blod annexed to them. And vnto this we thought it best to adde, that the iudgement of blod be not kepte in holy pla­ces, as in the chyrche or chyrchyard. And fur­ther by auctorite of this present counsell, we straytly inhibyte that no clerke hauynge be­nefyce or holy orders presume to wrytte or [Page 74] indyght letters for the executyng of the payn of blod or to be present where the iudgement of blod is kept or excercysed, for be it knowē vnto such that they be vnworthy of the chyrches protection seyng thorough them presumyng such thynges slaunder is ingendred in the chyrch of god.

HVmana concupiscentia et infra. By au­ctorite of this present counsell, we enacte and ordeyne that such as hereafter contracte matrymonye and cause the same openly to be solempnysed, hauyng knowlege or any lyke­ly presumption of canonical impedimētes in that behalf, and lykewyse prestes, which here after wyttyngly execute the solempnysynge of suche maryages as be forbeaden, or els of such as be not forbeaden, betwyxte any other thē theyr owne parysheners, except they haue obteyned a lycens of the diocesane or the cu­rat of them that be maryed. And moreouer such as hereafter cause eyther thorough vyolence eyther feare priuye matrimonyes to be solempnised in chyrches, oratories, or chapels or be present at the solempnizasyon of suche forsayd maryages hauyng knowledge of the premysses shall incurre in the dede doyng the sentense of the great excommunication. And we wyll that euery yere .iiii. tymes they be openly denounced excommunicated in comen and shall neuerthelesse suffer the paynes de­creed by the law agaynst them that celebrate matrimonye without banes askyng, or other wyse priuely. And for asmoche as the consti­tution of good memorye Symon Mepham ones archebyshop of Canterbury our nexte predecessour, whose begynnynge is in laten. Item quia ex contractibus, &c̄. semeth by the opinion of many in the end to be doubtfull or obscure after the barke or outward sound of his wordes, intendynge to make che same [Page 76] constitution for all tymes to come, certayne & without doubt by the agreament of this coūsell, we declare the same thus to be vnder­stonde, that what so euer preste seculer or re­guler presume to be present at the solempni­zatyon of matrymonye without it be in a paryshe chyrche or chapell, hauyng of olde tyme the ryghtes of a parysh chyrch apperteynyng vnto it shall receyue in so doyng the peyne in the same decreed.

FVrthermore by assent of this present coūsell, we ordeyne that none hensforth presume to take from any person by extorciō, money, or any other thynge, for the recey­uyng of hym in to any house of religion, in so moch as if he that entreyth must cloth hym­self thorough the pouertye of the house, ther shalbe nothyng in the worlde receyued of hym vnder the pretense of clothyng more then the trew and iuste pryce therof.

FVrthermore we straytly forbedyng the sale of masses, doo commaund that no lay or other presume to gyue or bequeth in theyr testament any thynge for an annuall of masses or a trentall. And we also forbede any maner paction trew or by any wyse cloked to be made by prestes or other mediatours. And lest prestes shulde at any tyme lode themselfe with the superfluous multitude of suche an­nuyte of masses, whyche they can not full­fyll honestly themselfe, & therfore muste haue [Page 77] vnder them other prestes hyred for a certayne pryce, or els sell them to other to be songe, to vnlode & dyscharge themselfe, we that thyng hereafter to be done forbeade vnder payne of suspension.

IT shall moreouer be lawful for none to gyue a chyrche to any other, vnder the name of dowry makynge, or to receyue by paction or promyse money or other aduantage, for the presentyng of any {per}son, whych thyng if any do, and be therof conuycted, or confesse it in iudgement, we do enacte & make, vsynge aswell the kynges auctorite as our owne, that he shalbe depryued for euer from the pa­tronage of that chyrch.

FArthermore because a newe way dothe oftener deceyue then an olde, we wyll & ordeyne, that no boke or treatyse newly made by Iohn̄ wyclyffe or any other in his tyme, or syns, or hereafter to be made, from hensforth be red in scholes, hawles, hostels, or any other places within our prouynce aforesayd. And that no maner of doctrine after suche bokes be taught, except the bokes be fyrst examined [Page 78] by the vniuersyte of Oxforde & Cambrydge, or at the lest by .xii. {per}sons of the same, which the sayde vniuersytes or thone of them shall thynke worthy to be chosen by the laudable discretion of vs or our successours, and so ex­amyned all agreynge in one be expressely ap­proued by vs or our successours, and in the name of the vniuersyte be delyuered to the stationaryes to be copyed, and after faythful collation made, be sold at a iust pryce or gyuē the originall afterward remaynynge for euer in som cheyste of the vniuersyte, but if any reade such boke or treatyse in scholes, or els where as before sayd, or teach after them, contrary to the forme before lymytted, he shalbe ponyshed as a sower of scysmyes and a fauorer of heresyes, accordynge to the qualyte of his faute.

IT is a very ieopardyes thynge (wytnes­syng the same saynt Hyerō) to translate the text of holy scrypture from one tonge in to an other, because the same sense dothe not lyghtly abyde thorough out in the transla­tions as the selfe same saynt Hyerom (al­though he were inspyred) knowledgyth hym selfe therin oftentymes to haue erred. Ther­fore we enacte and ordeyne, that none hereaf­ter translate vpon his owne auctorite any maner text of holy scripture in to the englysh tong, or any other tong, in maner of a worke boke or treatyse. And that no suche worke boke or treatyse be red openly or pryuely in [Page] part or in hole, whych was made lately in the tyme of the sayd Iohan wycleyffe, or syns, or hereafter shalbe made vnder the payne of the great excommunication, vntyll such tyme as that translatiō be approued by the diocesane of that place, or if the thynge so require, by the counsell prouyncyall. And he that doth cōtrarye to this shall be lykewyse ponyshed as the fauorer of heresye and errour.

FVrthermore seyng that he whyche hath set the boundes and ende of all thynges can not be comprehended with any conclusiō of phylosophy, or any inuention of man, and seyng that saynt Augustyne hath oftētymes reuoked trew conclusions, whyche grudgyd and dyspleased religiouse eres, we ordeyne & vnder obtestation of the diuyne iudgement, we specyally inhibyt, that none of what so euer degre state or condition he be, holde or put forth conclusions or propositions of the catholyke faythe, or wordes soundynge any wyse contrarye to good maners, otherwyse then the doctrine of the facultye do necessary require, whether it be done in scholes, or out of scholes, in dysputynge, or in communynge vnder protestation, or without protestation, no though the sayde conclusions or proposi­tions may be defended by the subtilite of wordes and termyes, for saynt Heugh wryttynge of the sacramentes wytnesseth that thing of­tentymes not to be well vnderstond, whyche [Page 79] is well spoken. And if any other person after publication of these presentes shalbe conuyc­ted that he hath wyttyngly putforth or holde such conclusions or propositions, excepte he beynge monyshed, amend hymselfe within a moneth, shall incurre in the dede doynge the sentense of the great excommunicatiō, by auctorite of this present ordynaunce, and shalbe openly denounsed for an excommunicated person, vntyll such tyme as he opēly knowledge his faute in that place, where he put them forth and helde them, and openly preache at the ordinaries arbitrement, the trew and ca­tholyke meanynge of the same conclusion or proposition other in one chyrch, other in dy­uerse as it shall seame to the ordinarye expe­dient.

ITem for so moch as that parte is fowle whych agreyth not with the hole body, we ordeyne and decre, that no preacher of the worde of god, or any other person may teach preach, or obserue any thyng of the sacramēt of the aulter, of matrymonye, of confession, of synnes, or of any other sacrament, of the [Page] chyrch or artycle of the fayth, otherwyse thē it is founde dyscussed by the holy mother the chyrch, nother tourne in to doubt, that is de­fyned and decyded by the chyrch, or priuely or openly speake wyttyngly blasphemous wordes about the same, or preache teache or ob­serue any maner secte or kynde of heresy, con­trary to the holsom doctryne of the chyrche. And who so euer shall presume after publication of these presentes, wyttyngly and obsty­natly to attempt the contrarye, shall incurre in the doynge, the sentense of excommunica­tion, from whyche he shall at no tyme, but in the artycle of doth be absolued, except abiu­ration of heresye be fyrste made, generally or sympyle in maner vsed of the chyrche, and he amende hymselfe, and for his fautes receyue helthy penance at the arbytrement of that ordynarye in whose territorye he is declared, & proued to haue trespased. And if he order hymselfe lykewyse the secounde tyme, and so fall in to lapse, and therof be lawfully cōuycted, he shalbe declared by sentense for an heretyke in the relapse, & his goodes shalbe taken as forfayt, & applyed to them that haue interest. As touchyng the penaunce wherof is mentiō aboue made, we wyll it to be such that if any teach, preache, or holde priuely or openly any thyng contrarye to that, whych is determy­ned by the chyrch in the decrees decretalles or our constitucions prouyncyall, or any kynde, or secte of heresye, in the paryshe chyrche of that place, where he hath so preached tought [Page 82] or holden, vpō a sonday or som othtr solēpne day or many dayes, at the arbetrement of the ordinarye of that place, accordyng as he is cōdempned to haue trespased lytell or moch, he shall expressely reuoke the selfe same thynges whiche he hath so tought or affirmed. This we wyll to be done in the tyme of diuyne ser­uyce, when the great multitude of people is present, and moreouer shall preach teach, and reherse effectually, and without fraude and deceyte the thynges determined by the chyrch And shal furthermore be ponyshed accordyng to the qualyte of his demerites, as it shall seame to the ordinaries discretion expedient.

NOne may presume to dyspute openly or priuely of the artycles determyned by the chyrch as they be cōteyned in the decrees decretalles and our cōstitutions prouyncyall or synodalles, excepte it be done to haue the trew vnderstondyng of thē, or may call in to doubt the auctorite of the same decrees decre­talles or constitutiōs {pro}uincyall or the power of the makyng of them, and specyally concer­nynge the adoration of the gloriouse crosse, worshyppyng of saynctes ymages or pylgry­mages makyng vnto theyr places & reliques, or agaynste othes to be made after the vsed maner in cases accustomed in both courtes, that is in the spyrytuall courte and tempo­rall, but hensforthe, all shall teache commen­ly and preache that the crosse and ymage of the crucyfyx and other ymages of saynctes [Page] ought to be worshypped in the memorye and honour of them, whom they fygure & repre­sent. And lykewyse theyr places and relyques with processions knelynges, inclinations, sensynges, kyssynges, offerynges, lyghtes bur­nyng, & pylgrymages, & with all other ma­ners & fashyons, as hath byn accustomed in our tymes & our predecessours, & that othes made vpō the holy gospelles of god touched in cases in the lawe expressed, and in both cortes accustomed, may lawfully be gyuen of all that haue interest. And he that affirmeth preacheth teachyth, or obstinatly meaneth the contrary, except he goo from it vnder maner and forme by vs other tymes decreed, and abiure as it is ther prouyded, he shall incurre the paynes of heresye, and in conclusion of relapse, and by sentense shalbe declared for such vnto the hole effect [...] of the lawe.

FInally for so moche as these thynges, whyche ryse newly and vnusedly haue nede of newe & spedy remedye. And where as greatyst ieopardy is ther must the wyser prouisyon and the stronger resystance be made, neyther yet is it against iustyce, that the part whyche is of lytell value shuld be dyscretly cut awaye, that the worthyer parte may the perfyetlyer be noryshed, therfore consyderyng (whyche thynges we speke to our hartes so­row) howe the noryshyng vniuersyte of Ox­ford, whych was wont to sprede abrode lyke as a plenteouse vyne her fructefull branches [Page 83] to the honour of god and the many fold pro­fell and defense of the chyrche, but now partly torned in to a wylde vyne bryngeth forth sowre grapes, whych etyn vndyscretly of thē that repute themselfe lerned in the lawes of god, setteth the chyldrens tethe an edge, and our prouynce is infected with diuerse and vnfructefull doctrynes, & is spotted with a newe dampnable name of lollardye to no lytell slaunder of the same vniuersyte, and greate werynes of them that here the noryshed frō ferre and straynge partyes. And also to the hurte of the chyrch of England, whych was wont to be defended by the vertuose doctryne of the same vniuersyte, as with a wall inexpugnable, but now the stones broken and dy­uyded, shall neuer recouer her hurt agayne, as it is very lykely, except spedye help be prouyded. At the supplicatiō therfore of the pro­curatores of the hole clergye of our prouynce of Canterbury, and by the consent and assent of all our felow bretheren and our suffraga­nes, and other prelates beyng present in this conuocation of the clergye and the procura­tores of them that be absent, we intendynge holsomly to prouyde for the honour and pro­fyt of holy mother the chyrch, and of the said vniuersyte, lest when the ryuers ar purged & clensed the well spryng beynge infected, wyll not suffer the water to runne clere, do statute and ordeyne that euery warden and profeste custos or pryncypal of college hawle or Inne of any vniuersite dilygently enquere ones at [Page] the leste euery moneth in the college hawle or inne where he ruleth, whether any scholer or inhabitāt of such college, hawle or inne, haue affirmed, holdē defended or any wyse {pro}poned conclusion, proposition, or opinion soundyng euyll in the catholyke faythe, or in good ma­ners contrarye to the determination of the chyrche, but as the necessarye doctryne of his facultye doth requyre. And if he fynd any sus­pected or dyffamed therin, let hym monyshe hym effectually to cease. And if afterward he take the same agayne or any lyke, cōtrary to suche admonition, besydes the paynes other tymes by vs apoynted, he shall incurre in so doyng the sentense of the great excommuni­cation. And neuerthelesse if he be a scholer that so taketh them agayne, what so euer he haue done in the same vniuersyte, from the tyme of his said admonitiō, it shall not stond to hym for his forme. And if he be a doctor mayster or bacheler, in so doyng shalbe suspē­ded from all scholastycall acte, and in both cases they shall lose the ryght that they had in the college hall or inne, and shalbe really ex­pelled by the same wardens custos profestes principalles, or other to whom it appertey­neth to do it. And without any tarying, a ca­tholyke person shalbe substituted in his place according to the lawful maner of that house And if the wardens, presidentes, or profestes of colleges, or the principalles of halles or in­nes, in whych such persones suspected, detec­ted, or dyffamed doo lyue, be neglygent about [Page 84] the inquisitions and executions of the fore­sayde thynges, by the space of .x. dayes, after they haue trew knowledge, or presumption of the publycation of these presentes, in that dede shall incurre the sentense of the great excommunicatiō. And neuerthelesse in the same dede, shalbe depriued from all ryght, whyche they pretende to haue in the colleges hawles or innes. And the same colleges, hawles, or innes, shall effectually be vacāt and voyde. And after lawfull declaration made therof, by thē that haue interest, newe wardens, profestes, presidētes, or pryncypalles shalbe substituted as it hath byn accustomed, after the olde maner of the sayd vnyuersytes, vsed when such colleges hawles or innes be vacant. But & if the sayd wardens, custos, profestes, or princypalles be dyffamed themselfe or be suspected or detected of and vpon suche conclusions or propositions, or be defenders, protectours or fauorers of the same, and be warned by vs or by our auctorite, or by the ordynarye of that place, or by his auctorite, and yet do not cease, then let them be depryued euyn by the lawe, from all scholastycall priuylege of the sayd vniuersyte, and from all ryght and tytle that they had in such college hal or inne, ouer and besydes other penalytes of whyche it is before mentioned, and moreouer shall in­curre the sentense of the great excoīcatiō, but if any presume wylfully or obstinatly in any case of this laste present cōstitution or in any [Page] other case before rehersed, to breke these our statutes in any parte of thē, although ther be an other penalyte in that same place, by ex­presse wordes lymytted, yet in the same dede shall he be made vtterly vnable & vnworthy without any hope of forgeuenes for .iii. ye­res space, to obteyne ecclesyastycall benefyce within our prouynce of Cāterbury. And shal neuerthelesse be canonycally ponyshed by the discretion of his superior, accordynge to his merytes and the qualyte of his excesse. Fur­thermore lest we shuld seame to wāder vncertaynly in maner of processe about the pre­mysses, perceyuyng that though ther be a certayn lykenes and egalnes in dyuerse lawes betwene the cryme of heresye and treason, neuerthelesse the offense is vnlyke, and it requyreth greater ponyshment to offend the maie­stye of god then of man. And therfore seynge it is suffycyent to conuycte hym that is accu­sed of treason by certayne lyght tokens and proues for the ieopardyes that maye ensue thorough delayes. And seyng that summarye and playne processe may be made agaynst the party beyng called in, by messenger, by letters or by proclamation, and so may go fourth to the receyuynge of wytnesses and dyffynityue sentense without the sayde partyes answer, we wyll and ordeyne, and declare that for the easyar way of ponyshyng them that faute in the premysses. And for the reformation of the chyrches diuisyon, whyche is therby greatly hurt, that such as be dyffamed, denounced, or [Page 85] detected, or be vehemently suspected in any case before specyfyed, or in any other artycle that soundeth euyl in the catholyke fayth, or in good maners, shalbe cyted by the auctorite of the ordynarye of that place, or of an other superior, personally if they may so be gotten by letters or by messenger sworn, or els by {pro}­clamation openly made at the place, where the transgressours habitacion is, or where he was wont to tary, or els in his parish chyrch if he haue a certayne dwellynge, and in case he haue no certayne dwellynge in the cathe­dral chyrch of that place, where he was born and in the parysh chyrch of that place, where they haue so preached and taught. And after that lawfull certyfycat be made of the execu­tion of suche citation, let processe be made a­gaynst him that is absent and wyl not apere, in payne of such his cōtumacie, summarye & playnly without besynes and fygure of iud­gement, and also without answer makynge, and so forth to the receyuyng of wytnes and other canonycall proues. And after lawfull informatiō takē, let the same ordinrrie with out any maner delay gyue sentense & declare and ponyshe accordyng to the qualyte of the the faute in maner and forme aboue expres­sed, and furthermore let hym do that iustyce requyreth, the absens of the dysobedyent not withstondyng.

IT is enacted by prouisyon of the holy counsell, that if patrones, aduocates, or few dataries, or vycelordes thorough myshe­uous boldnes presume to sley or meyme by themself or by other, any person of chyrch, vicar, or clerke of the same chyrch, they shal vt­terly lose patronage aduocation fee, vycelor­shyp whych they had in the chyrch and theyr posteryte in no wyse shalbe receyued in to the college of clerkes, vnto the fourth genera­tion, nother shall obteyne the honour of dig­nite or prelacy in reguler house. And this we wyll oftentymes to be denounced in the chyrches.

STatuimus & infra. Moreouer if clerkes haue made theyr canonycall purgation vpon suche thynges as was leyed and obiec­ted agaynste them, and yet neuerthelesse the lay power taketh theyr goodes or withhol­deth them, such takers and withholders shall be compelled vnto the restitution of the sayd goodes by censures of the chyrch.

CLerkes whyche haue byn in hold with the lay power for theyr fautes, and at length be restored to the chyrch for conuyctes may not lyghtly be delyuered, neyther lyght purgacion for them may be admytted, but with all solempnyte of the lawe, & with such rype delyberation that it may not dysplease the eyes of the kynges mayestye, or of any other that be moued with the desyre of iustice

ITem licet et infra. we ordeyne that they whych hereafter be dyffamed of crymes or excesses, and wold purge themselfe therof, shall not be drawen from one deanery in to an other, or in to suche places of the contrey, where vytals and other necessaryes be not sale, but in ioynynge purgation to such as be dyffamed the byshops, archedeacons, & other ordinaryes or theyr offycyalles, shall not ap­poynt them aboue the nombre of .vi. handes, for the cryme of fornication, or lyke cryme. And for greater crymes as adulterie & suche, aboue the nomber of .xii. vnder payne of sus­pension from offyce, whyche payne we wyll them that do cōtrary, to incurre in so doyng.

AD hec et infra. In asmoche as it often hapneth that certayne clerkes doo take by the lay power chyrches parochyall or pre­bendall hauyng cure of soules, and be intru­ded in to the same, without auctorite of the chyrche, we ordeyne a clerke so intrused by hymselfe or by the lay power in chyrch or prebend shall by the due order of the lawe be ex­communicated and for an excommunicated shalbe denounced by the dyocesane of that place, and shall lacke that benefyce for euer in so doynge. And if he contynue with obsty­nat mynd in such intrusion the space of two monethes after sentense gyuen agaynst hym, and haue other ecclesiastycall benefyces in other dyoce, at the denuntiation of that bys­shop in whose diocese he intruded hymselfe, or procured hymselfe to be intruded, & whose monition and excommunication he dyspysed by the sayd tyme the profytes of those bene­fyces shalbe vtterly taken from hym by the dyocesans of the place, vntyll he haue satis­fyed competently. And if the sayd intruded stonde a yere in such sentense of excommuni­cation, [Page 92] he shal not after that be admytted vnto ecclesiastycall benefyce in the prouynce of Canterbury, but if he be intruded by a procuratour beynge a clerke, lyke processe shall be made agaynste the same procuratour, and he shal suffer the same penalytes, but if that procuratour be a lay person, he shalbe openly de­nounced excommunycate. And his mayster that is absent shalbe cyted, and if he apere & ratyfye the dede of any his procuratours in that behalfe, he shall fall in to the sayd pena­lytes, but if he thorough contumacye absent hymself, and be loked for .iii. monethes space, beynge within the realme shalbe wrapped in the sentense of excommunycation, and shall incurre neuerthelesse the sayd paynes, specially seynge he hath added vnto his sacrylege disobedyens and contempt. And if he be out of the realme after the delayes for such as be beyonde the sees, be past, lyke processe shalbe made agaynst hym beyng called. And the chyrche or pretend wherin such intrusion is made shalbe interdycted. They that ar the fauerers and workers of suche intrusions, if they be clerkes shall incurre the sayd penalytes made agaynste clerkes, if they be lay they shall be ponyshed with the paynes otherwyse pro­uyded agaynst the lay, the places and landes of suche intruders, if they make not amen­des within a moneth shall be vnder ecclesya­stycall interdiction, but in case suche intru­sions be made by the kynges power, the kyng shall be monyshed to call them backe within [Page] a competent tyme, or els the landes and pla­ces, whyche the kynge hath in that dyocese, where the intrusion is made, shalbe vnder in­terdiction after the maner aboue noted. And if the intrusion be made by any other noble man pere or of power, he shalbe repressed by sentense of interdiction and excommunica­tion as beforesayd, and if he abyde such sen­tense .ii. monethes then shall the landes and places whyche he hath in an other diocese be interdycted by the dyocesane of that place. And the sayde sentense shall not be relesed vntyll he haue made competent satisfaction, for the neglygence, inobedience, and contēpt.

IF any clerkes hauynge tonsure & clerke­shyp be taken by the lay power, and in the meane tyme be shawen of malice and hanged, or otherwyse ponyshed, they that shaue them hange them, or otherwyse ponyshe thē, or gyue counsell or help therunto shall suffer the sayde penalytes, and they that banyshe such clerkes shall lykewyse be ponyshed.

EVenit et infra. we enacte that the lay shalbe compelled precysely by sentense of excommunication to pay all maner pena­lytes aswell corporall as pecuniarye, whych they be inioyned by theyr prelates. And they that wyll let or stop suche penalytes to be payde, shalbe ponyshed by sentense of inter­diction and excommunication. And if proces­se be made vnto the distraynyng of {pre}lates, for [Page 93] that cause, let processe be made agaynste the dystrayners by the penalytes declared in that behalfe.

VVe also enacte and ordeyne that euery byshoppe haue in his byshopryke one or two pryones wherin vngratious clerkes ta­ken in cryme or conuycted may be kept accordyng to the commaundement of the canons & if ther be any so malycyouse & incorrygibyle & so accustomed to myscheffe, that if he were a lay mā, he shuld suffer by the lawes of this worlde the extremyst ponyshment, such clerke shalbe iudged to perpetuall pryson, but in all such fautes as be done not of wyl or purpose but by sodayne chaunce, or wrath or per­chaunce madnes, we wyll the olde lawes to be obserued.

THe enormyte of detestable fraylnes is so great that som not regardynge the lawes nor canōs made to sturreup the chasti­te of nunnes, feare not to cōmit sacrilege and synne with them, for the whyche horryble myschefe, we intendynge to prouyde remedy, do wrap all comytters of suche fylthynes as­well clerkes as lay in the sentēse of the great excommunication, reseruyng the absolution of suche persones onely to theyr byshops, the artycle of deth excepted, in whyche they may be absolued of any preste, so that if they re­couer they shalbe bounde vnder payne of so­lempne curfyng to confesse suche theyr synne [Page] to theyr owne byshop within the space of .iii. monethes, or els in tyme of vacation, to the keper of spiritualtyes or to the deane of the cathedrall chyrche.

QVoniam reus et infra. we ordeyne that for a faute notoryouse or twyse com­mytted, or longe contynued, no money be re­ceyued at the secound tyme vnder payne of restoryng the double of suche money contrarye to this receyued, whych shalbe aplyed within a moneth after the receyuynge therof to the workes of the cathedrall chyrch, & also vnder the payne of suspension from offyce, whyche sentense they that so doo receyue money shall incurre in the doyng therof, except they restore the doble within a moneth. In chayn­gynge also corporall penaunce for money, whych thyng we forbede to be done without a great and vrgent cause, the ordynaryes of places shall kepe suche measure that they ley vpon the transgressours corporal penāce not so excesshue heuye and open that they be compelled by such indyrecte maner to redeme ther penaunce for som great pecuniarye sum, but suche commutations when they shall seame hereafter expedient, shalbe made so moderatly that nother the receyue be iudged a rauener nother the gyuer to be ouer moche loded vn­der the sayd penalytes aboue rehersed.

IN as moch as the sacrament of confes­sion and penaunce whych is the secound table after our shypwracke and the last hauē and fynall refuge of manes saylynge is very necessarye to euery synner vnto helth, we straytly commaunde vnder payne of excom­munication that none presume to stop or let, but that such sacrament of penaunce may be gyuen frely to euery one that desyreth it, and lykewyse a space free for confession, whyche thyng is wylled princypally for them that be in pryson, vnto whom such sacrament is of­tentymes vngentylly (we wyll not say vn­faithfully) denyed. And though somtyme ther be a space gyuen them to confesse yet it is graunted so short and so importunat that it putteth the wretched persones rather in ieo­pardye of dyscomfort and desperation then in ioy and gladnes of spirituall comfort.

IN heryng confessiō, the preste must haue a lowly and gentyll countenaunce, and his eyes downe to the erthe, nother may be­hold the face of the person confessed specially of a woman, and must patiently here what so euer is sayd and maynteyne or support her with the sprite of mekenes and softnes, and for his power must exhorte by all meanes to make a full confession, otherwyse it is no cō­fession, let hym enquere vsed synnes, vnused he may not, but a farre, and by circumstaun­ces, so that the experte may haue a way to confesse and the vnexperte no occasion to synne, the preste may not inquyre the names of the persons with whom the cōfytent hath synned, but after confession he may inquyre, whether he were clerk or lay monke or preste or deane, & alwayes the greater crymes & spe­cially suche as be notorious must be reserued to the hyer prelates. These be the greater crymes, murder, sacrylege, synne agaynst nature & with kyn, defylyng of vyrgyns & nūnes, violēt hādes in theyr parētes or ī clerkes, vowes broken & suche. Ther be also causes in whych none, but onely the pope or his legate hath power to absolue, notwithstandynge the ab­solutiō for such may be denyed to none in the artycle of deth, but yet it muste be condicyo­nall, that if they recouer, they shall present themselfe to the popes syght, notwithstan­dyng suche shall be send to the byshop or his penytentiarye. And they that be send, shall al­wayes cary with them letters conteynynge [Page 95] the kynde of the synne, and the cheyf circum­stancyes, or els let the preste come hymselfe personally, otherwyse they shall not be re­ceyued.

AS concernyng penaunce, we cōmaunde that deacons presume not to gyue pe­naūce, but onely in these cases, whē the preste can not, or is absent, or foolyshly or vndys­cretly wyll not, and deth is at hand with the syk.

SEynge the soule is moch more preciouse then the body, vnder the feare of ana­theme we forbeade that no phesition coūsell the syke any thynge for the bodely helth that may torne to the soules ieopardye or daun­ger, but when it shall happen hym to be cal­led to the syke before all thynges, let hym ef­fectually monyshe and induce hym to cal vpō the phesitions of soules, that after medycyne spirituall is prouyded for the syke, he may the helthsomer procede in curynge the body. They that breake this constitution shall not escape the penalyte ordeyned in the counsell.

PResbiteri stipendarii et infra. we or­deyne that no stypendarye prestes shall here the confessions of the paryshens or chapleyns in those chyrches where they haue my­nystred diuyne seruyce, except in cases by the law permytted, if they doo the contrary, they shall incurre the cryme of sacrylege, excepte they doo it by lycens asked and obteyned of hym that is the cheyf ruler ther.

THe preste ought dylygently to note and marke the circūstauncies of the cryme, the qualyte of the persone, the kynde of the synne, tyme and place cause and continaunce in the synne the deuout mynd of the penitēt. And these thynges consydered and dylygent­ly weyed and dyscretly, let hym inioyne the penytent the greater or lesse penaunce. Also the preste must chose hym a comen place, to here confessions, that he may be commenly seen of all the chyrch. And in pryuye or hyd places the preste shall not receyue the confession of any and specyally of a woman, excepte it be for the great necessyte or infirmyte of the pe­nytent. Also no preste may receyue an others paryshener vnto repentaunce, but by the ly­cens of his preste or byshop. Also the preste must inioyne such penaunce to the wyffe, that she be not made suspected to her husbande of any priuye and greate cryme, the same thyng muste be obserued in the husbonde. Also for theft, robery, vsury, symonye, and couyn or fraude and specyally for the witholdynge of tythes or subtractiō of any chyrch ryght, the prestes must dylygently beware to inioyne penance, but with restitution and satisfaction to be made to them that haue suffred the in­iurye or damage, seynge the synne is not for­gyuen, except the thyng taken away be resto­red. Also in crymes very great, cruell, & doubtfull, the preste shall aske counsell of the bys­shop or som in his stede, or of some wyse and dyscrete persones, by whose counsell he may [Page 96] be certyfyed and knowe, whom and howe he may bynd and lose. And lest the penytēt shuld fall (whyche thynge god forbeade) in to des­peration, the preste must dylygently monyshe hym to do what so euer good thynge he can in the meane tyme, that god may lyghten his hart vnto penaūce. And the same thyng must he do to hym, whych confesseth his synne, and yet wyll not absteyne from it, in whych case the gyft of absolution can not be gyuē, seyng it is not red that pardon is gyuen, but onely to hym that amendeth hymselfe. Also the prestes muste beware, that they inquyre not the synnes or names of the persons with whom the penytent hath synned, but onely the cir­cumstaunces and the qualite of the synne, for it is wrytten, god I haue shewed to the myn owne lyfe, and not any others. And therfore the confession must be his owne that maketh it, and not an others confession.

VVe forbeade, that no preste fallen in to dedly synne presume to come at the aul­ter to celebrate before he be confessed, nother let hym thynk (as som do that erre) beleuyng mortall synnes to be put away by generall confession. Also no preste may be so bold tho­rough wrath, hatred feare nor of deth, to dis­close in any wyse the cōfession of any, by syg­ne token becke or word generally or specyally And if he be conuycted herof, he ought iustly to be dysgrated without hope of recōsylyng.

SEyng oftentymes it hapneth that the rulers of chyrches and also some prestes [...] suche as be in holy orders, for that (as the [...] thynke) they be not subiected to any as con­cernyng the courte of penaunce, other be no [...] confessed at all, other els go to suche as hau [...] no power to bynde or lose them, we therfore enacte that thorough euery archedeaconrye one or two prestes apte and mete of compe­tent lernyng, and good estimation be apoyn­ted in euery deanery to here the confession of such & to enioyne them penaūce, to whom we wyll auctorite to be gyuen by the diocesane, of that place, or one that kepeth his rome, firmely forbeadyng that no religiouse persones or mōke or chanō anker or heremyte to be so bolde as to admyt the subiecte of any other vnto penaunce.

FOr so moche as it is profytably enacted & ordeyned that prelates may not passe in perdons gyuenge the nombre of .xl. dayes, lest the keyes of the chyrch, by the whych the mysticall treasour is commytted to be orde­red, shuld bet set at nought, let therfore other what so euer they be take hede, that they thorough theyr manyfold indulgentyes, whyche they haue obteyned of the prelates, bryng no rebuke to the same prelates of the chyrch, by powrynge forth in theyr preachynges indul­gētyes aboue the sayd dayes, lest they whych ought to be subiected vnto the keyes cause them to be lyght regarded.

THe sacrament of penaunce, whyche is the synguler remedye for all that suffer shypwracke, thorough the foolyshnes of cer­tayne prestes doth lacke the due fructe and ef­fecte. And they whych be thought to be lyfted aboue the waues and floddes be with more ieopardye thrust downe in to the depe see of dampnatiō, whyle they absolue many in dede whom of ryght they mought not causyng as the prophet sayth, for a lytell corne and a pece of bred, the soules to lyue, whych in very dede lyueth not, as these that absolue in facte, such as be excommunicated of the lawe, and spe­cyally by the counsell of Oxford, for the hur­tyng or troubelyng the chyrch lybertye, or for lyke myscheue condempned in the same counsell vnto lyke penalytes, or absolue in facte such as be excommunicated for witholdynge tythes or other chyrch ryghtes, which prestes for so moche as they be the deceyuers of sou­les & the flaterers of mē in theyr myscheuous dedes, puttynge cussyons vnder the elbouse of lewde felowes, it is therfore our parte to with stond thē. And therfore we straytly commaūd all cōfessours of our prouynce of Can­terbury that be vnder vs & our felow byshops that hereafter they put not forth theyr hand to deceyue such by the sygne & token of abso­lution, whych we knowe to be of none effecte without due satisfaction & specyall commys­ [...]ion of the archebyshop or byshop seyng they [...]e froward & cōtynue in theyr wyckednes, for we iudge suche confessours, or rather suche [...]yggers of the deuylles dennes, to synne and [Page] that very greuously, for it can not be denyed but that they consent at the lest way, priuely to the same myschyefe, and do conforte the. wycked persones in theyr vngratiousnes, wherfore let them take hede that they be not wrapt with such in the bond of excommuni­cation, moreouer where as we of late myn­dynge to put downe-the pluralyte of benefyces by sacrilege vsurped, dyd forbeade vnder payne of excommunicatiō, that none in facte shuld extend theyr handes to absolue such as were obstinate in theyr theft and sacrylege, notwithstandynge certayne prestes of Baal, rather then of the lord, whych is the sauiour haue presumed the contrary, sleynge the soules bought with the blode of Chryste & ouer­throwynge the chyrch doctryne. Thefore we countynge verely these as wolfes, goyng a­bought to cast downe the lordes vyneyarde, do agayne commaunde vnder the olde pena­lyte, that they absteyne hereafter from ab­soluyng suche, and that they dylygently in­duce the same to renounce the benefyces, whych they haue gotten or kepe vnlawfully. And if they do not know they themselfe to be surely streken with the lyghtnyng of the dy­uyne malediction.

FVrthermore although after the mynde of the canons greuous synnes as incest and lyke, which (as most commenly vsed) thorough theyr slaunder do moue an hole cyte, ought to be corrected with solēpne penaūce, [Page 98] neuerthelesse thorough the neglygent dea­lyng of som persons, such penaunce seameth as it were forgotten, and consequently bold­nes to commytte suche horryble and mysche­uous dedes to be increased. wherfor we com­maunde that such solempne penaunce, hens­forth be inioyned accordynge to the canony­call ordynaūce, we also reserue the absolutiō from wylfull murder, whether it be open or pryuye to the byshopes, onely except the artycle of necessyte, wherby we intend to refrayne the audacite of the inferiour confessours and in no case to derogate the reuerence of the heygher.

ALthough it was of late ordeyned, by holy fathers, that in euery deanerye one persone or vicar of suffycyent lyterature, & with grace lightned, and of fame laudable shuld be assygned to here the confessions of persones, vicars, and other prestes and mynystres of the chyrch, and to inioyne them penaunce to the intent that theyr myhgt be the see of cast worke in the entryng of the tēple, accordyng to the sacramentes of the fyguratyue tem­ple: neuerthelesse it hath not hytherto byn vsed in the maners of the clergy not without the manyfold iniuryes of god in the ministration of sacramentes, and celebratyng of mas­ses, whych rather shuld be called execrations and cursynges. wherfore we renewynge the sayde ordynaunce from dysuse, commaunde the same from hensforth inuiolably to be ob­serued and kept, notwithstandyng we intend [Page] not by this, but the sayd prestes may goo to other comen penitentiaryes if they wyll, so that they do it for the sacramēt of penaunce.

THe confessions of women must be hard without the veale in open place as ap­perteynyng to the eyes, but not to the ere, let the laye also be admonyshed to make theyr confessiō euen in the begynnyng of Lent. And in all tymes shortly vpon theyr falle, lest one synne thorough his weyght & heuynes draw and hale them vnto an other. Moreouer let no preste presume to enioyne them that be cōfessed to cause masses to be songe or sayde in parte or full penaunce, notwithstandyng he may counsell them therunto.

LEt thys thynge be oftentymes shewed & as it were troden in to the hartes of the lay people both in confessions and preachyn­ges, and specyally in great solempnytes, that all commyxtyon and medlyng of male and female, oneles it be excused by matrymony, is dedly and mortalle synne. And if the preste shalbe found neglygent in denouncynge and declaryng of this holsom doctryne, let hym be canonycally ponyshed as a fornycatour or a consenter vnto fornication in so doyng.

THre tymes in the yere let confessions be made, and so often let the lay be admo­nyshed to take theyr ryghtes at Ester at wit­sontyde and at Chrystmas, howe be it fyrste [Page 99] they ought to prepare & make themselfe redy by som abstynence, whych they must kepe by the prestes counsell. And what so euer he be that shall not at the leaste ones in the yere be confessed vnto his owne preste, and at Ester at the least receyue the sacrament of thankes gyueng, except by the prestes coūsell he thynk it better to absteyne and forbeare, both whyle he is lyuyng, let hym be dreuyn from chyrche entrynge, and when he is ded, let hym lacke christiane buryell. And let this be oftentymes publyshed in the chyrches.

¶ Stephanus.

VT archidiaconi et infra. we ordeyn mo­reouer the profet with the honour of the spyrituall orders well consydered, that [Page 100] no archedeacon or other offycyalles shall be so bolde as to promulgate and publyshe the sentences of excommunicacions, suspensions or interdictions agaynst any persones where the cryme is not manyfest oneles he do cano­nycally admonyshe hym before, if any contra­ry to the premysses doo excommunicate any man, he shall runne in to the daunger prescrybed agaynst such offenders by the conuocatiō and coūsell holden at laterane, that is to say, for such suspension or interdiction he shall be ponyshed by the arbytremēt of his superiors and this also must be obserued of the hygher prelates.

¶ Bonifacius.

FVrthermore it hapneth somtyme that some excōmunycated persons which by the commaundement of theyr prelates (accordyng to the custome of the realme) be taken & cōmytted to pryson: somtyme by the kynges power, somtyme by the sheryf or other bay­lyffes without the consent of the prelates, at whose commaundement the delyuere of such captyues ought to be made, ar without any maner of satisfaction at all, delyuered & set at lyberty, and oftentymes such excommunicated persones be not taken, neyther be the kynges letters for theyr attachemētes graū­ted, and also somtymes the sayd kynge, she­ryffes and baylyffes do communicate & com­pany with the sayd excommunicate and openly denounsed persones despysyng the keys of the chyrche, & all to the subuersion of the ly­bertyes of the chyrche and the perell of theyr [Page] soules. For this cause we willyng to prouyde a conuenient remedy agaynste these dyseases do ordeyne and make that all excommunicate persones that be so taken, and as aforesayd delyuered out of prysone shalbe to the greate detestation both of them that be delyuered, and also of the delyuerers openly and solempnely with belle, boke, and candell be excom­municated, and for excommunicated and ac­cursed persons be declared and denounsed in suche places as the ordynaryes shall thynke expedient. And the shyryffes and other bay­lyffes whych dyd delyuer them, and make no maner of satisfaction or amendes to the chyrche, for the same shalbe accursed after the due ordre of the lawe, and when they be accursed shall solempnely be denounsed and declared how be it if they do the sayd acte by the kyn­ges commaundement they may be the more easely and gentely handeled, at the arbytre­ment of the ordynaryes. But if it fortune the accustumable wrytte de excommunicato ca­piendo to be denyed at such tyme as it chaunceth to be requyred in especyall where it ought to be awarded by the laudable custome of the realme the same lorde and kynge must be warned by the prelate whyche sygnyfyeth and presenteth the persone that shulde be ta­ken, and for the same wryteth vnto the kyng, that it myght please hym to graunte the said wrytte and cause the same to passe, whych if he wyll not doo all the cytyes, castelles, bo­roughes, and vyllages, whych the sayd kyng [Page 101] hath in his dyocese that so doyth wrytte shalbe by the byshop so wryttyng enterdyted, vn­tyll suche tyme as the sayd wrytte de excom­municato capiendo and due execution of the same be awarded, and agaynste suche as doo communicate with excommunicate persons, let processes be made after the censures and lawes of the chyrch.

¶ Item contra grauamina et infra.

VVe ordeyne that somners, apparitors, or bedelles of archedeacons or deanes shall not themselues gyue or make sentences of excommunications, suspensions, interdic­tions, nother shall denounce or declare the same gyuen or made by other without they haue especyall letters of theyr maysters for the same. And if it be otherwyse presumed the sentences so gyuen or made shalbe of none ef­fecte by the lawe, neyther shall be regarded seynge in very truth they can bynde no man thereby, and the bedelles whych offenden the sayd statute and be proued onerous or iniu­ryous to the subiectes of theyr maysters shall haue greuous ponyshement and be bound to restore to the supplyauntes so vexed double value for theyr damages.

FOr asmoche as it hath ben oftentymes by false suggestions shewed the kynge and his Iustyces, that the prelates and spirituall iudges take cognition and knowledge of the tytle and ryght, of patronage, of catel, and of other thynges apperteynynge to the kynges court and iudgemēt, to the preiudyce of the sayd kyng & his lawes, when the same prelates and iudges accordynge to theyr due­tye done excercyse theyr offyce vpon tythes & the offenses and trespasses of the subiectes of theyr iurisdiction, let such delatores and cur­sed suggesters be warned, that they cease and rest from such suggestion and tale bearyng, for if it fortune the prelates and spirituall iudges in such wyse blasphmed, to be damp­nyfyed and hurted by the seculer power tho­rough suche delation and tale bearynge they shalbe openly accursed as stryuers agaynste the chyrch libertyes, vntyl such tyme as they haue competently recompensed and satis­fyed the iudges, & also the partyes for theyr expenses, damages, and iniuryes, whych they haue borne by meanes of such suggestion.

CVm malum et infra. we gyue commaū­dement vnto euery of the prestes of this prouynce, that on euery sonday ymmediatly folowyng the celebration and kepyng of ru­rall chapyters, they expounde openly to such as they haue cure of, the sentences of excom­munication folowynge. Fyrste of all, verely they be accursed by auctoryte of a counsell [Page 102] kept of Oxforth by Stephen tharchebyshop of Canterbury a man of holy memory, why­che doyth malyciously presume to depryue or take frō chyrches the ryght, or through malyce or cōtrary vnto iustice do cōtend to breake or dysturbe the lybertyes of the same, wher­by we perceyue all them to be tyed in the daūger and in the bonde of excommunication, who so euer obteyneth letters from any lay courte to let or hynder the processe of spiri­tuall iudges in all such causes as by the veredicte of holy canōs be knowen to apperteyne to the iudgement of the spirituall court. Se­coundly all such that do trouble, or presume to trouble without a reasonable cause the peace and tranquyllyte of our soueraygne lord the kyng of the realme, and also such as go about and labour vniustly to withold the kynges ryghtes. wherof we perceyue not onely such to be excōmunycated as doo suscitate errour of warre or contention, but also all open and commen theues, and also all spoy­lers, & pyrates, with all such as do temera­ryously impugne the iustyce of the realme. Thyrdly ar excommunicated all they, whych wyttyngly beare false wytnes, or do procure any mā to beare, or whych knowyngly bryng forth such wytnesses to let iust matrymonye, or to procure thereby the dysheritynge of an other persone. Fourthly all aduocates be ex­communicated, whyche malyciously by any maner of exceptions, do hyndere true matry­mony, whereby it doyth not come to good ef­fecte, [Page] or for any maner of causes by any mea­nes do cause contrary to iustyce the processes of the chyrche lenger to hange vndecyded. Fyuethly be excommunicated all such which for gaynes hatred or fauour do lay a defalte to any person malycyously whereby he is de­famed with good and discrete men of sadnes so that he is dryuen to his purgation, or is otherwyse greued. Syxtely all they be excommunicated whych malycyously moue or procure any doubtefull question to be moued, cōcernyng the ryght of patronage in the vaca­tion of any chyrch that by such meanes they may hynder the very and true patron from the gyfte of the sayd chyrch at the leaste wyse for that tyme. Also seuenthly all suche be ex­commyunicated as rancorously doyth des­pyce to execute the kynges commaundement de excommunicatis capiendis, or be in cause and let that such excommunicates be not ta­ken, or {pro}cureth the vnryghtfull delyueraūce of the same agaynste the ordynaunce of the chyrche. Also eyghtly all they be accursed in the counsell of Octobone of good memorye, the legate whyche do receyue any thynge, or take any brybe or gyft for to hynder the peace other for the agrement of suche as be at va­riaunce in the lawe, vntylle such tyme they doo restore to the gyuer, what so euer is re­ceyued, they also be excommunicate by the same Octobone, whych take away or wast or wrongfully layeth hande vpon any parte of the houses, maners, or graūges, or any places [Page 103] of archebyshops, or of any other spiritual persones contrary to the wyll of the sayd lordes or agaynst the wyll and mynde of the kepers of the sayde goodes, by the whyche sentense they be bounde, and can not be absolued, vn­tyll they haue competently satysfyed suche wronge. Also by the sayd counsell all such be accursed that doo drawe away violently of­fenders fleyng to the chyrch, or chyrchyard, or cloyster, or stoppe from suche persones theyr necessarye fode, whyche otherwyse wulde be brought to thē, or by vyolence caryeth away from suche places any other mans goodes left in the same place, or causeth such goodes to be caryed or ratyfyeth and vpholdeth such conueynge and caryage made or done in his name by his famylyars or seruaūtes, or openly or secretly do assent or gyue coūsell therto. Also all such be excommunicate by all arche­byshops and byshops of Englande, whyche cometh or doyth agaynst any thynge contey­ned in the greate charter of the kyng, whych sentence is often cōformed and approued by the auctoryte of the apostlyque see.

EDward the excellent and famous kyng of Englande receyuynge from aboue thorough the heuenly gyfte of God feruent mynde and desyre to haue the peace of the chyrche and realme of Englande firmely obserued, desyrynge by his letters longe tyme passed, vs, and other cobyshoppes of [Page] the sayd realme that comen malefactours & troblers of holy chyrches peace & his as felōs & also maynteyners of felons conspiratours false swerers in assyses and iuryes, and all such that knowyng doyth forswere themself before the kynges iustyces, the berers of false compleyntes, maynteners, and fauorers of the same, by whome the troubelynge of the peace, and the violatyng and breakyng of the lybertye and ryght of the chyrche and of the realme within the same realme, is pleynly knowen to be procured mought in euerye dyoces be brydeled, and kept downe by eccle­syasticall ponyshment, wyllyng to haue them for theyr greuous excesses in these enormytes to be bounde and wrapped in the sentence of the more greuous excommunication, or els openly to be pronounced accursed. wherupon we of a meke mynd, greatly prouoked by the laudable entysement of the sayd kynge, desyrous to extermyne the bolde arrogance of suche myscreauntes, wyll and pronounce all malefactours before named, whych doo wyt­tyngly hereafter offende in our prouynce of Canterbury, by the auctoryte of this present counsell in so doyng, to runne in daunger of the sentence of the greuouser excommunica­tion. whose absolucion, we wyll be reserued to ordinaries of the places, where the tres­passe is done, or els (if theyr places be voyde & vacant, whych shall excercyse there the bis­shops iurisdictiō) of the cathedral chyrches to the sees oneles it be in the article of death, but [Page 104] yet that the myscheuous dedes of such trans­gressours may so moch the better be eschewed the more solempnely and openly the same of­fenders be denounced excommunicated, this prouyncyall counsell approuynge the same. we gyue commaundement that all and euery suche malefactour before named in euery ca­thedrall chyrche, college, and paryshe chyrche of our before named prouynce of Cāterbury the fyrste sonday of Lent, and in the feaste of corpus Christi, and two other solempne fea­stes yerely, be openly denounced accursed in genere with the rehersall of reseruation of the aforesayd absolution.

VVe gyue in commaundement that the sentences of the more excommunication be publyshed in chyrches foure tymes in the yere, that is to wytte, the fyrste sonday after the feaste of saynt Mychell, and the sonday in the myddes of Lent in the feaste of the try nite and in the sonday next after the feaste of saynt Peter, called ad vyncla the candelles lyghted, and the belles ronge with the crosse and other solempnytes, as it is conuenient.

QVan{quam} ex soluentibus et infra. we de­clare by the prouisyon of this counsell syluam sceduam, that is to say coppes wode to be suche whych of what so euer kynde of trees it be, is for a specyal purpose kepte & no ryshed to be cut downe, and whyche also so cut downe afterwarde spryng agayne of the [Page] same stumpes or rotes, and of it so encrease the tythes, that is to wytte reall and pre [...] deal to be payed to the baptysyng or mothe [...] chyrches. Also the possessours of such wode [...] to be cōpelled by the canon lawe to gyue tythes of those trees cut downe in the same wodes, lykewyse as of haye, and of all maner of corne, and that by the censure of the chyrche.