- THe Kings supremacie ouer the Church 1 of England, in causes Ecclesiasticall to be maintained.
- Impugners of the Kings Supremacie censured. 2
- The Church of England a true and Apostolicall 3 Church.
- Impugners of the publike worship of God established 4 in the Church of England censured.
- Impugners of the Articles of Religion established 5 in the Church of England censured.
- Impugners of the Rites and Ceremonies established 6 in the Church of England censured.
- Impugners of the gouernement of the Church of 7 England by Archbishops, Bishops, &c. censured.
- Impugners of the forme of consecrating and ordering 8 Archbishops, Bishops, &c. in the Church of England censured.
- Authors of Schisme in the Church of England, 9 censured.
- Maintainers of Schismatickes in the Church of 10 England, censured. [...] [Page] [...] [Page]
- [Page]Maintainers of Conuenticles, censured.
- Maintainers of Constitutions made in Conuenticles, censured.
- 13 DVe celebration of Sundayes & Holy daies.
- 14 The prescript forme of Diuine Seruice to be vsed on Sundayes and Holy dayes.
- 15 The Letanie to bee read on Wednesdayes and Fridayes.
- 16 Colledges to vse the prescript forme of Diuine Seruice.
- 17 Students in Colledges to weare Surplisses, in time of Diuine Seruice.
- 18 Reuerence and attention to bee vsed within the Church in time of Diuine Seruice.
- 19 Loyterers not to bee suffered neere the Church in time of Diuine Seruice.
- 20 Bread and VVine to bee prouided against euery Communion.
- 21 The Communion to be thrice a yeere receiued.
- 22 VVarning to be giuen beforehand for the Communion. [Page] [Page]
- [Page]Students in alledges to receiue the Communion 23 foure times a yeere.
- Copes to be worne in Cathedral Churches by those 24 that administer the Communion.
- Surplisses and Hoods to bee worne in Cathedrall 25 Churches when there is no Communion.
- Notorious offendours not to bee admitted to the 26 Communion.
- Schismaticks not to bee admitted to the Communion. 27
- Strangers not to bee admitted to the Communion. 28
- Fathers not to be Godfathers in Baptisme, nor 29 children not Communicants.
- The lawfull vse of the Crosse in Baptisme 30 explaned.
- FOure solemne times appointed for the making 31 of Ministers.
- None to bee made Deacon and Minister, both in 32 one day.
- The Titles of such as are to be made Ministers. 33
- The qualitie of such as are to be made Ministers. 34
- [Page] 35 The examination of such as are to be made Ministers.
-
36 Subscription required of such as are to bee made Ministers.
- The Articles of Subscription.
- The forme of Subscription.
- 37 Subscription before the Diocesan.
- 38 Reuolters after Subscription, censured.
- 39 Cautions for institution of Ministers into Benefices.
- 40 An oath against Symonie at institution into Benefices.
- 41 Licences for pluralitie of Benefices limited, and Residence enioyned.
- 42 Residence of Deanes in their Churches.
- 43 Deanes and Prebendaries to Preach during their Residence.
- 44 Prebendaries to be resident vpon their Benefices.
- 45 Beneficed Preachers being resident vpon their liuings to preach euery Sunday.
- 46 Beneficed men not Preachers to procure monethly Sermons.
- 47 Absence of Beneficed men to be supplied by Curates that are allowed Preachers.
- 48 None to be Curats but allowed by the Bishop. [Page] [Page]
- [Page]Ministers not allowed Preachers, may not expound.
- Strangers not admitted to Preach without shewing 50 their Licence.
- Strangers not admitted to preach in Cathedrall 51 Churches without sufficient authoritie.
- The names of strange Preachers to bee noted in a 52 Booke.
- No publike opposition betweene Preachers. 53
- The Licences of Preachers refusing Conformitie, 54 to be voyd.
- The forme of a Prayer to bee vsed by Preachers 55 before their Sermons.
- Preachers and Lecturers to reade diuine Seruice 56 and administer the Sacraments twise a yeere at the least.
- The Sacraments not to bee refused at the hands of 57 vnpreaching Ministers.
- Ministers reading Diuine Seruice, and Administring 58 the Sacraments, to weare Surplisses, and Graduats therewithall, Hoods.
- Ministers to Catechize euery Sunday. 59
- Confirmation to bee perfourmed once in three 60 yeeres.
- Ministers to prepare children for Confirmation. 61
- [Page]Ministers not to marrie any persons without Bannes or Licence.
- 63 Ministers of exempt Churches not to marry without Bannes or Licence.
- 64 Ministers solemnly to bid Holy dayes.
- 65 Ministers solemnly to denounce Recusants and Excommunicats.
- 66 Ministers to conferre with Recusants.
- 67 Ministers to visite the sicke.
- 68 Ministers not to refuse to christen or bury.
- 69 Ministers not to deferre Christening, if the childe be in danger.
- 70 Ministers to keepe a Register of Christnings, Weddings, and Burials.
- 71 Ministers not to Preach or administer the Communion in priuate houses.
- 72 Ministers not to appoint publike or priuate Fasts, or Prophesies, or to exorcize, but by authority.
- 73 Ministers not to hold priuate Conuenticles.
- 74 Decencie in apparell enioyned to Ministers.
- 75 Sober conuersation required in Ministers.
- 76 Ministers at no time to forsake their Calling. [Page] [Page]
- [Page]NOne to teach Schoole without Licence. 77
- Curats desirous to Teach, to bee licenced before 78 others.
- The duetie of Schoolemasters. 79
- THE great Bible and Booke of Common 80 prayer to be had in euery Church.
- A Font of stone for Baptisme in euery 81 Church.
- A decent Communion Table in euery Church. 82
- A Pulpit to be prouided in euery Church. 83
- A Chest for Almes in euery Church. 84
- Churches to be kept in sufficient reparations. 85
- Churches to be suruayed, and the decayes certified 86 to the high Commissioners.
- A Terrier of Glebelands and other Possessions 87 belonging to Churches.
- Churches not to be prophaned. 88
- [Page] 89 THe choise of Churchwardens, and their accompt.
- 90 The choise of Sidemen, and their ioynt Office with Churchwardens.
- 91 PArish Clearkes to bee chosen by the Minister.
- 92 NOne to be Cited into diuers Courts for probate of the same Will.
- 93 The Rate of Bona notabilia liable to the Prerogatiue Court.
- 94 None to be Cited into the Arches or Audience but dwellers within the Archbishops Diocesse, or Peculiars.
- 95 The restraint of double Quarrels.
- 96 Inhibitions not to be granted without the subscription of an Aduocate.
- 97 Inhibitions not to be graunted vntill the Appeale [Page] [Page] [Page] be exhibited to the Iudge.
- Inhibitions not to bee granted to factious Appellants, 98 vnlesse they first subscribe.
- None to marrie within the degrees prohibited. 99
- None to marrie vnder xxj yeeres, without their 100 Parents consent.
- By whom Licences to marrie without Bannes 101 shalbe granted, and to what sort of persons.
- Securitie to bee taken at the granting of such Licences, 102 and vnder what conditions.
- Oathes to be taken for the Conditions. 103
- An exception for those that are in Widowhood. 104
- No Sentence for Diuorce to bee giuen vpon the 105 sole confession of the parties.
- No Sentence for Diuorce to be giuen but in open 106 Court.
- In all Sentences for Diuorce, bond to be taken for 107 not marrying, during each others life.
- The penaltie for Iudges offending in the premisses. 108
- NOtorious crimes and scandals to be certified 109 into Ecclesiastical Courts by presentment.
- [Page] 110 Schismatickes to be presented.
- 111 Disturbers of diuine Seruice to be presented.
- 112 Not Communicants at Easter to be presented.
- 113 Ministers may present.
- 114 Ministers shall present Recusants.
- 115 Ministers and Churchwardens not to bee sued for presenting.
- 116 Churchwardens not bound to present oftner then twice a yeere.
- 117 Churchwardens not to be troubled for not presenting oftner then twice a yeere.
- 118 The olde Churchwardens to make their presentments, before the new be sworne.
- 119 Conuenient time to bee assigned for framing Presentments.
- 120 None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina.
- 121 None to be cited into seueral Courts for one crime.
- 122 No sentence of Depriuation or Deposition to bee pronounced against a Minister, but by the Bishop.
- 123 No Acte to be sped but in open Court.
- 124 No Court to haue more then one Seale.
- 125 Conuenient places to bee chosen for the keeping of Courts. [Page] [Page]
- [Page]Peculier and inferior Courts to exhibite the originall copies of Wills into the Bishops Registry.
- THe Qualitie and oath of Iudges. 127
- The Qualitie of Surrogats. 128
- PRoctors not to retaine Causes, without the 129 lawfull assignement of the parties.
- Proctors not to retaine Causes without the counsell 130 of an Aduocate.
- Proctors not to conclude in any Cause without 131 the knowledge of an Aduocate.
- Proctors prohibited the oath In animam Domini 132 sui.
- Proctors not to be clamorous in Court. 133
- A Buses to be reformed in Registers. 134
- A certaine rate of Fees due to all Ecclesiasticall 135 Officers.
- A Table of the rates of Fees to be set vp in Courts 136 and Registries.
- [Page]The whole Fees for shewing Letters of Orders and other Licences, due but once in euery Bishops time.
- 138 THE number of Apparitors restrained.
Whereas our [Page] Bishops, Deanes of our Cathedrall Churches, Archdeacons, Chapters and Colleges, & the other Cleargie of euery Diocesse within the Prouince of Canterbury, being summoned & called by vertue of our Writ directed to the most reuerend father in God IOHN late Archbishop of Canterbury, and bearing date the 31. day of Ianuary in the first yeere of our Raigne of England, France and Ireland, and of Scotland the 37. to haue appeared before him in our Cathedrall Church of Saint Paul in London the 20. day of March then next ensuing, or elsewhere, as he should haue thought it most conuenient, to treat, consent, and conclude vpon certaine difficult, and vrgent affaires mentioned in the said Writte, Did thereupon at the time appointed, and [Page] [Page] [Page] within the Cathedrall Church of Saint Paul aforesaid, assemble themselues and appeare in Conuocation for that purpose, according to our said Writte before the Right reuerend Father in God Richard Bishop of London, duely (vpon a second Writte of Ours dated the 9. day of March aforesaid) authorized, appointed and constituted, by reason of the saide Archbishop of Canterbury his death, President of the said Conuocation, to execute those things which by vertue of our first Writ did appertaine to him the said Archbishop to haue executed if he had liued: Wee for diuers vrgent and weighty causes and considerations vs thereunto especially mouing, of our especial grace, certaine knowledge, and meere motion, did by vertue of our Prerogatiue royal [Page] and supreme Authoritie in causes Ecclesiastical, giue and grant by our seuerall Letters Patents vnder our great Seale of England, the one dated the 12. day of April last past, and the other the 25. day of Iune then next following, full, free, and lawfull libertie, licence, power, and Authoritie vnto the said Bishop of London President of the said Conuocation, and to the other Bishops, Deanes, Archdeacons, Chapters and Colleges, and the rest of the Cleargie before mentioned of the said Prouince, That they from time to time during our first Parliament now prorogued, might conferre, treate, debate, consider, consult, and agree of, and vpon such Canons, Orders, Ordinances and Constitutions, as they should thinke necessary, fit, & conuenient for the honour [Page] [Page] [Page] and seruice of Almighty God, the good and quiet of the Church, and the better gouernement thereof to be from time to time obserued, perfourmed, fulfilled and kept aswel by the Archbishops of Canterbury, the Bishops & their Successours, and the rest of the whole Clergie of the sayd Prouince of Canterbury in their several Callings, Offices, Functions, Ministeries, Degrees and administrations, as also by all and euery Deane of the Arches, and other Iudge of the sayd Archbishops Courts, Gardians of Spiritualties, Chancellors, Deanes and Chapters, Archdeacons, Commissaries, Officials, Registers, and all and euery other Ecclesiasticall Officers, and their inferiour Ministers whatsoeuer of the same Prouince of Canterburie in their and euery of [Page] their distinct Courts, and in the order and maner of their and euery of their proceedings: and by all other persons mthin this Realme, as farre as lawfully being members of the Church, it may concerne them, as in our sayd Letters Patents amongst other clauses more at large doth appeare. Forasmuch as the sayd Bishop of London, President of the sayd Conuocation, and others the sayd Bishops, Deanes, Archdeacons, Chapters and Colledges, with the rest of the Clergie hauing met together at the time and place before mentioned, and then and there by vertue of our said authority granted vnto them, treated of, concluded, and agreed vpon certaine Canons, Orders, Ordinances and Constitutions, to the end and purpose by Ʋs limited and prescribed vnto them, [Page] [Page] [Page] and haue thereupon offred and presented the same vnto Ʋs, most humbly desiring Ʋs to giue our Royal assent vnto their sayd Canons, Orders, Ordinances, and Constitutions, according to the forme of a certaine Statute or Acte of Parliament made in that behalfe in the xxv. yeere of the Reigne of King Henry the eight, and by our sayd Prerogatiue Royall, and supreme Authority in causes Ecclesiasticall, to ratifie by our Letters Patents vnder our great Seale of England, and to confirme the same: the title and tenour of them being word for word as ensueth: [Page] [Page] [Page] [Page] [Page] [Page] [Page] [Page] [Page] [Page] [Page] [Page]
Constitutions and Canons Ecclesiasticall treated vpon by the Bishop of
London, President of the Conuocation for the Prouince of Canterbury, and the rest of the Bishops and Cleargie of the said Prouince: and agreed vpon with the Kings Maiesties licence in their Synode begun at London An.Dom.1603.
And in the yeere of the raigne of our Soueraigne Lord Iames by the grace of God, King of England, France, and Ireland the first, and of Scotland the 37.
❧Of the Church of England.
I. The Kings supremacie ouer the Church of England in causes Ecclesiasticall, to be maintained.
AS our duety to the Kings most Excellent Maiestie requireth, wee first decree and ordaine, That the Archbishop of Canterbury (from time to time) all Bishops of this prouince, all Deanes, Archdeacons, Parsons, Vicars, and all other [Page] Ecclesiasticall persons, shall faithfully keepe and obserue, and (as much as in them lieth) shall cause to bee obserued and kept of others, all and singuler Lawes and statutes made for restoring to the Crowne of this kingdome, the ancient Iurisdiction ouer the state Ecclesiastical, and abolishing of all forren power-repugnant to the same. Furthermore, al Ecclesiastical persons hauing cure of soules, and all other Preachers, and Readers of Diuinitie lectures, shall to the vttermost of their wit, knowledge, and learning, purely and sincerely (without any colour or dissimulation) teach, manifest, open, and declare foure times euery yeere (at the least) in their Sermons and other Collations and lectures, That all vsurped and forren power, (forasmuch as the same hath no establishment nor ground by the law of God) is for most iust causes taken away and abolished: and that therefore no maner of obedience, or subiection within his Maiesties Realmes and Dominions, is due vnto any such forren power: but that the Kings power within his Realmes of England, Scotland and Ireland, and all other his Dominions and Countreys, [Page] [Page] [Page] is the highest power vnder God, to whom all men, aswell inhabitants, as borne within the same, do by Gods Lawes owe most loyalty and obedience, afore and aboue all other Powers and Potentates in earth.
II. Impugners of the Kings supremacie censured.
WHosoeuer shal hereafter affirme that the Kings Maiesty hath not the same authority in causes Ecclesiastical that the godly Kings had amongst the Iewes, and Christian Emperors in the Primitiue Church, or impeach in any part his Regall supremacie in the said causes restored to the Crowne, and by the Lawes of this Realme therein established, let him bee excommunicated ipso facto, and not restored but only by the Archbishop after his repentance and publike reuocation of those his wicked errours.
III. The Church of England a true and Apostolicall Church.
WHosoeuer shall hereafter affirme, that the Church of England by Lawe established [Page] vnder the Kings Maiestie, is not a true and an Apostolical Church, teaching & maintaining the doctrine of the Apostles, let him be excommunicated ipso facto, and not restored, but onely by the Archbishop after his repentance and publike reuocation of this his wicked errour.
IIII. Impugners of the publike worship of God, established in the Church of England censured.
WHosoeuer shall herafter affirme that the forme of Gods worship in the Church of England, established by Law and conteined in the booke of Common Prayer, and administration of Sacraments, is a corrupt, superstitious, or vnlawfull worship of God, or containeth any thing in it that is repugnant to the Scriptures: let him be excommunicated ipso facto, and not restored but by the Bishop of the place, or Archbishop, after his repentance and publike reuocation of such his wicked errors. [Page] [Page]
V. Impugners of the Articles of Religion established in the Church of England censured.
WHosoeuer shall hereafter affirme that any of the nine and thirtie Articles agreed vpon by the Archbishops, and Bishops of both Prouinces, and the whole Cleargy in the Conuocation holden at LONDON, in the yeere of our Lorde God, one thousand fiue hundred sixty two, for the auoiding of diuersities of opinions, and for the establishing of consent touching true Religion, are in any part superstitious or erroneous, or such as hee may not with a good conscience subscribe vnto: let him bee excommunicated ipso facto, and not restored, but onely by the Archbishop, after his repentance and publike reuocation of such his wicked errors.
VI. Impugners of the Rites and Ceremonies established in the Church of England censured.
WHosoeuer shal hereafter affirme, that the Rites and Ceremonies of the Church of England by Law established, are wicked, Antichristian, or superstitious, [Page] or such as beeing commanded by lawfull authoritie, men who are zealously and godly affected, may not with any good conscience approue them, vse them, or as occasion requireth subscribe vnto them: let him bee excommunicated ipso facto, and not restored, vntill he repent and publikely reuoke such his wicked errours.
VII. Impugners of the gouernment of the Church of England by Archbishops, Bishops, &c. censured.
WHosoeuer shal hereafter affirme, that the gouernement of the Church of England, vnder his Maiesty by Archbishops, Bishops, Deanes, Archdeacons, and the rest that beare office in the same, is Antichristian or repugnant to the word of God: let him be excommunicated ipso facto, and so continue vntill he repent and publikely reuoke such his wicked errors.
VIII. Impugners of the forme of consecrating and ordering [Page] [Page] [Page] Archbishops, Bishops, &c. in the Church of England censured.
WHosoeuer shall hereafter affirme or teach, that the fourme and maner of making and consecrating Bishops, Priests, or Deacons, conteineth any thing in it, that is repugnant to the word of God, or that they who are made Bishops, Priestes, or Deacons in that forme are not lawfully made, nor ought to be accounted either by themselues or by others, to be truly either Bishops, Priests, or Deacons, vntil they haue some other calling to those diuine Offices: let him bee excommunicated ipso facto, not to bee restored vntill he repent and publikely reuoke such his wicked errours.
IX. Authours of Schisme in the Church of England censured.
WHosoeuer shall hereafter separate themselues from the Communion of Saints as it is approoued by the Apostles rules, in the Church of England, & combine themselues together in a new brotherhood, accounting the Christians who are conformable [Page] to the Doctrine, Gouernment, Rites, and Ceremonies of the Church of England, to be prophane and vnmeete for them to ioyne with in Christian profession: let them bee excommunicated ipso facto, and not restored, but by the Archbishop, after their repentance and publike reuocation of such their wicked errors.
X. Maintainers of Schismatickes in the Church of England censured.
WHosoeuer shall heerafter affirme, That such Ministers as refuse to subscribe to the forme and maner of Gods worship in the Church of England prescribed in the Communion Booke, and their adherents, may truly take vnto them the name of another Church not established by Lawe, and dare presume to publish it, that this their pretended Church hath of long time groaned vnder the burden of certaine grieuances imposed vpon it, and vpon the members thereof before mentioned by the Church of England, and the Orders and Constitutions therein by Law established: Let them be excommunicated, [Page] [Page] [Page] and not restored vntill they repent and publikely reuoke such their wicked errors.
XI. Maintainers of Conuenticles censured.
WHosoeuer shall hereafter affirme or maintaine, That there are within this Realme other meetings, assemblies or congregations of the Kings borne Subiects, then such as by the lawes of this land are held and allowed, which may rightly challenge to themselues the name of true and lawful Churches: let him be excommunicated and not restored but by the Archbishop, after his repentance and publike reuocation of such his wicked errors.
XII. Maintainers of Constitutions made in Conuenticles, censured.
WHosoeuer shal hereafter affirme that it is lawfull for any sort of Ministers and Lay persons, or either of them to ioyne together, and make Rules, Orders, or Constitutions in causes Ecclesiasticall without the Kings authoritie, and shall submit themselues to be ruled and gouerned by them: let [Page] them be excommunicated ipso facto, and not be restored vntill they repent, and publikely reuoke those their wicked and Anabaptisticall errors.
Of diuine Seruice, and administration of the Sacraments.
XIII. Due celebration of Sundayes and Holy dayes.
ALl maner of persons within the Church of England shall from henceforth celebrate and keepe the Lords day, commonly called Sunday, and other Holy dayes according to Gods holy will and pleasure, and the Orders of the Church of England prescribed in that behalfe: that is, in hearing the word of God read and taught, in priuate and publike prayers: in acknowledging their offences to God, and amendement of the same, in reconciling themselues charitably to their neighbours where displeasure hath bene, in oftentimes receiuing the Communion of the body & blood [Page] [Page] [Page] of Christ, in visiting of the poore and sicke, vsing all godly and sober conuersation.
XIIII. The prescript forme of Diuine Seruice to bee vsed on Sundayes and Holy dayes.
THe Common prayer shalbe said or sung distinctly and reuerently vpon such daies as are appointed to be kept holy by the Booke of Common prayer, and their Eeues, and at conuenient and vsuall times of those daies, and in such place of euery Church as the Bishop of the Diocesse, or Ecclesiasticall Ordinary of the place shall thinke meete for the largenesse or straitnesse of the same, so as the people may bee most edified. All Ministers likewise shall obserue the Orders, Rites, and Ceremonies prescribed in the Booke of Common prayer, aswell in reading the holy Scriptures and saying of prayers, as in administration of the Sacraments, without either diminishing in regard of preaching, or in any other respect, or adding any thing in the matter or forme thereof.
XV. The Letanie to bee read on Wednesdayes and Fridayes.
THe Letany shalbe said or sung when, and as it is set downe in the Booke of Common prayer, by the Parsons, Vicars, Ministers, or Curats in all Cathedrall, Collegiat, Parish Churches and Chappels, in some conuenient place, according to the discretion of the Bishop of the Diocesse, or Ecclesiasticall Ordinarie of the place. And that wee may speake more particularly, vpon Wednesdayes and Fridayes weekely, though they bee not Holy dayes, the Minister at the accustomed houres of Seruice, shall resort to the Church and Chappel, and warning being giuen to the people by tolling of a Bell, shall say the Letanie prescribed in the Booke of Common prayer: whereunto wee wish euery Housholder dwelling within halfe a mile of the Church, to come or send one at the least of his Houshold fit to ioyne with the Minister in prayers. [Page] [Page]
XVI. Colledges to vse the prescript forme of Diuine Seruice.
IN the whole Diuine Seruice, and Administration of the holy Communion, in all Colledges and Halles in both Vniuersities, the Order, Forme, and Ceremonies shall be duely obserued as they are set downe and prescribed in the booke of Common prayer, without any omission or alteration.
XVII. Students in Colledges to weare Surplisses, in time of Diuine Seruice.
ALl Masters and Fellowes of Colledges or Halles, and al the Schollers and Students in either of the Vniuersities, shall in their Churches and Chappels vpon all Sundayes, Holy dayes, and their Eues, at the time of Diuine Seruice weare Surplisses, according to the order of the Church of England: and such as are Graduats shall agreeably were with their Surplisses, such Hoods as doe seuerally appertaine to their Degrees.
XVIII. A reuerence and attention to bee vsed within the Church in time of Diuine Seruice.
IN the time of Diuine Seruice, and of euery part thereof, all due reuerence is to be vsed: For it is according to the Apostles Rule: Let all things bee done decently, and according to Order. Answerable to which Decencie and Order, We iudge these our directions following: No man shall couer his head in the Church or Chappel in the time of Diuine Seruice, except he haue some infirmitie. In which case let him weare a Nightcap or Coife. All maner of persons then present shall reuerently kneele vpon their knees when the Generall Confession, Letanie, and other Prayers are read, and shall stand vp at the saying of the Beleefe, according to the Rules in that behalfe prescribed in the Booke of Common Prayer. And likewise when in time of Diuine Seruice the Lord IESVS shalbe mentioned, due and lowly reuerence shall bee done by all persons present as it hath bene accustomed: testifying by these outward Ceremonies and gestures, their inward humilitie, Christian resolution, [Page] [Page] [Page] and due acknowledgement that the Lord Iesus Christ, the true and eternal Sonne of God, is the onely Sauiour of the world, in whom alone all the Mercies, Graces, and Promises of God to mankinde for this life and the life to come are fully and wholly comprised. None, either man, woman, or childe, of what calling soeuer, shall be otherwise at such times busied in the Church, then in quiet attendance to heare, marke, and vnderstand that which is read, preached, or ministred; Saying in their due places audibly with the Minister, the Confession, the Lords Prayer, and the Creed, and making such other answeres to the publique Prayers as are appointed in the Booke of Common prayer: neither shall they disturbe the Seruice or Sermon by walking or Talking, or any other way, nor depart out of the Church during the time of Seruice, and Sermon, without some vrgent or reasonable cause.
XIX. Loyterers not to bee suffered neere the Church in time of Diuine Seruice.
THe Churchwardens or Questmen, and their assistants, shall not suffer any idle [Page] persons to abide either in the Churchyard or Church porch, during the time of Diuine Seruice or preaching: but shall cause them either to come in, or to depart.
XX. Bread and Wine to be prouided against euery Communion.
THe Churchwardens of euery Parish against the time of euery Communion, shal at the charge of the Parish, with the aduice and direction of the Minister, prouide a sufficient quantitie of fine white Bread, and of good and wholesome Wine for the number of Communicants that shall from time to time receiue there: which Wine we require to bee brought to the Communion Table in a cleane and sweete standing Pot, or Stoope of Pewter, if not of purer mettall.
XXI. The Communion to be thrice a yeere receiued.
IN euery Parish Church and Chappel where Sacraments are to bee administred within this Realme, the holy Communion shall bee ministred by the Parson, Vicar, or Minister, so often, and at such times as euery Parishioner [Page] [Page] [Page] may Communicate at the least thrise in the yeere (whereof the Feast of Easter to bee one) according as they are appointed by the booke of Common Prayer. Prouided, that euery Minister as oft as hee administreth the Communion, shall first receiue the Sacrament himselfe. Furthermore no Bread or Wine newly brought shalbe vsed: but first the words of Institution shalbe rehearsed when the said Bread and Wine bee present vpon the Communion Table. Likewise the Minister shal deliuer both the Bread and the Wine to euery Communicant seuerally.
XXII. Warning to be giuen beforehand for the Communion.
WHereas euery Lay person is bound to receiue the holy Communion thrice euery yeere, and many notwithstanding doe not receiue that Sacrament once in a yeere: We doe require euery Minister to giue warning to his Parishioners publikely in the Church at Morning prayer the Sunday before euery time of his administring [Page] that holy Sacrament, for their better preparation of themselues: Which said warning, We enioyne the sayd Parishioners to accept and obey vnder the penaltie and danger of the Law.
XXIII. Students in Colledges to receiue the Communion foure times a yeere.
IN all Colledges and Halles within both the Vniuersities, the Masters and Fellowes, such especially as haue any Pupils, shall be carefull that all their said Pupils, and the rest that remaine amongst them be wel brought vp and throughly instructed in poynts of Religion, & that they doe diligently frequent publike Seruice and Sermons, and receiue the holy Communion: which we ordaine to be administred in all such Colledges and Halles the first or second Sunday of euery Moneth, Requiring all the sayd Masters, Fellowes, and Schollers, and all the rest of the Students, Officers and all other the seruants there so to be ordered, that euery one of them shall Communicate foure times in the yeere at the least, kneeling reuerently and decently vpon their knees according [Page] [Page] [Page] to the order of the Communion Booke prescribed in that behalfe.
XXIIII. Copes to be worne in Cathedral Churches by those that administer the Communion.
IN all Cathedrall and Collegiat Churches, the holy Communion shall bee administred vpon principall Feast-dayes, sometimes by the Bishop if he be present, and sometimes by the Deane: and at some times by a Canon or Prebendarie, the principall Minister vsing a decent Coape, and being assisted with the Gospeller and Epistler agreeably according to the Aduertisements published Anno 7. Elizabethae: the said Communion to bee administred at such times and with such limitation, as is specified in the Booke of Common prayer. Prouided, that no such limitation by any construction shall bee allowed of, but that all Deanes, Wardens, Masters, or Heads of Cathedrall and Collegiate Churches, Prebendaries, Canons, Vicars, Petticannons, Singingmen, and all others of the Foundation, shall receiue the Communion foure times yeerely at the least.
XXV. Surplisses and Hoods to bee worne in Cathedrall Churches when there is no Communion.
IN the time of Diuine Seruice and Prayers in all Cathedrall and Collegiat Churches, when there is no Communion, it shall bee sufficient to weare Surplisses: sauing that all Deanes, Masters and Heads of Collegiat Churches, Canons and Prebendaries being Graduats, shal daily at the times both of Prayer and Preaching, weare with their Surplisses, such Hoods as are agreeable to their degrees.
XXVI. Notorious offendours not to bee admitted to the Communion.
NO Minister shal in any wise admit to the receiuing of the holy Communion, any of his Cure or Flocke which bee openly knowen to liue in sinne notorious without repentance, Nor any who haue maliciously and openly contended with their neighbours, vntill they shall be reconciled: Nor any Churchwardens or Sidemen, who hauing taken their oathes to present to their Ordinaries all such publike offences as they are particularly charged [Page] [Page] [Page] to inquire of in their seuerall Parishes shall (notwithstanding their said oathes, and that their faithfull discharging of them, is the chiefe meanes whereby publike sinnes and offences may be reformed and punished) wittingly and willingly, desperately and irreligiously incurre the horrible crime of Periurie, either in neglecting or in refusing to present such of the sayd enormities and publike offences, as they know themselues to be committed in their sayd Parishes, or are notoriously offensiue to the Congregation there: although they bee vrged by some of their neighbours, or by their Minister, or by their Ordinary himselfe, to discharge their consciences by presenting of them, and not to incurre so desperately the said horrible sinne of Periurie.
XXVII. Schismaticks not to be admitted to the Cōmunion.
NO Minister when hee celebrateth the Communion, shall wittingly administer the same to any, but to such as kneele, vnder paine of suspension, nor vnder the like paine to any that refuse to bee present at publike Prayers, according to the Orders of the [Page] Church of England, nor to any that are common and notorious deprauers of the Booke of Common Prayer, and administration of the Sacraments, and of the Orders, Rites, and Ceremonies therein prescribed, or of any thing that is conteined in any of the Articles agreed vpon in the Conuocation 1562. or of any thing conteined in the Book of ordering Priests and Bishops, or to any that haue spoken against and depraued his Maiesties soueraigne Authoritie in causes Ecclesiasticall: Except euery such person shall first acknowledge to the Minister before the Churchwardens, his repentance for the same, and promise by word (if he cannot write) that hee will doe so no more: and except (if he can write) he shall first do the same vnder his hand-writing, to bee deliuered to the Minister, and by him sent to the Bishop of the Diocesse, or Ordinarie of the place. Prouided that euery Minister so repelling any (as is specified either in this or in the next precedent Constitution) shall vpon complaint, or being required by the Ordinarie, signifie the cause thereof vnto him, and therein obey his Order and direction. [Page]
XXVIII. Strangers not to be admitted to the Communion.
THe Churchwardens or Questmen, and their Assistants, shall marke aswell as the Minister, whether all and euery of the Parishioners, come so often euery yeere to the holy Communion as the Lawes and our Constitutions do require: And whether any Strangers come often and commonly from other Parishes to their Church, and shall shew their Minister of them, lest perhaps they be admitted to the Lords Table amongst others: which they shall forbid, and remit such home to their owne parish Churches and Ministers, there to receiue the Communion with the rest of their owne neighbours.
XXIX. Fathers not to be Godfathers in Baptisme, nor children not Communicants.
NO Parent shall bee vrged to bee present, nor bee admitted to answere as Godfather for his owne child: nor any Godfather or Godmother shalbe suffred to make any other answere or speech, then by the Booke of Common prayer is prescribed in that behalfe. [Page] Neither shall any person be admitted Godfather or Godmother to any child at Christning or Confirmation, before the said person so vndertaking hath receiued the holy Cōmunion.
XXX. The lawfull vse of the Crosse in Baptisme explaned.
WEe are sorie that his Maiesties most princely care and paines taken in the Conference at Hampton Court, amongst many other points, touching this one of the Crosse in Baptisme, hath taken no better effect with many, but that still the vse of it in Baptisme is so greatly stuck at and impugned. For the further declaration therfore of the true vse of this Ceremonie, and for the remouing of all such scruple as might any wayes trouble the consciences of them who are indeed rightly religious, following the royall steps of our most worthy King, because he therein followeth the rules of the Scriptures, and the practise of the Primitiue Church: we do commend to al the true members of the Church of England these our directions & obseruations ensuing.
First, it is to be obserued, that although the [Page] [Page] [Page] Iewes & Ethnicks derided both the Apostles, and the rest of the Christians for preaching and beleeuing in him who was crucified vpon the Crosse: yet all both Apostles and Christians were so farre from beeing discouraged from their profession by the ignominie of the Crosse, as they rather reioyced and triumphed in it. Yea, the holy Ghost by the mouthes of the Apostles did honour the Name of the Crosse (being hatefull among the Iewes) so farre, that vnder it, he comprehended not onely Christ crucified, but the force, effects, and merits of his Death and Passion, with all the comforts, fruits, and promises which wee receiue or expect thereby.
Secondlly, the honour and dignitie of the Name of the Crosse, begat a reuerend estimation euen in the Apostles times (for ought that is knowen to the contrary) of the signe of the Crosse: which the Christians shortly after vsed in all their actions, thereby making an outward shew & profession euen to the astonishment of the Iewes, that they were not ashamed to acknowledge him for their Lord and Sauiour, who died for them vpon the Crosse. [Page] And this signe they did not onely vse themselues with a kinde of glory, when they met with any Iewes, but signed therewith their children when they were Christned, to dedicate them by that badge to his seruice, whose benefits bestowed vpon them in Baptisme, the name of the Crosse did represent. And this vse of the signe of the Crosse in Baptisme was held in the Primitiue Church, as well by the Greekes as the Latines, with one consent and great applause. At what time, if any had opposed themselues against it, they would certainely haue beene censured as enemies of the name of the Crosse, & consequently of Christs merits, the signe whereof they could no better endure. This continuall and generall vse of the signe of the Crosse, is euident by many testimonies of the ancient Fathers.
Thirdly, it must be confessed that in processe of time, the signe of the Crosse was greatly abused in the Church of Rome, especially after that corruption of Popery had once possessed it But the abuse of a thing doth not take away the lawfull vse of it. Nay, so farre was it from the purpose of the Church of England, to forsake [Page] [Page] [Page] and reiect the Churches of Italie, France, Spaine, Germany, or any such like Churches in all things which they helde and practised, that, as the Apologie of the Church of England confesseth, it doth with reuerence retaine those Ceremonies which doe neither endammage the Church of God, nor offende the minds of sober men: and onely departed from them in those particular points, wherein they were fallen both from themselues in their ancient integritie, & from the Apostolicall Churches which were their first founders. In which respect, amongst some other very ancient Ceremonies, the signe of the Crosse in Baptisme hath bene retained in this Church both by the iudgement and practise of those reuerend Fathers and great Diuines in the dayes of King Edward the sixth, of whom some constantly suffered for the profession of the trueth: and others being exiled in the time of Queene Mary, did after their returne in the beginning of the Reigne of our late dread Soueraigne, continually defend and vse the same. This resolution and practise of our Church hath beene allowed and approoued by the censure vpon [Page] the Communion Booke in King Edward the sixt his dayes, and by the harmonie of confessions of latter yeeres: because in deede the vse of this signe in Baptisme was euer accompanied here with such sufficient cautions and exceptions against all Popish Superstition and errour, as in the like cases are either fit or conuenient.
First, the Church of England since the abolishing of Poperie hath euer held and taught, and so doth hold and teach still, that the signe of the Crosse vsed in Baptisme, is no part of the substance of that Sacrament. For when the Minister dipping the Infant in Water, or laying Water vpon the face of it (as the maner also is) hath pronounced these wordes, I baptize thee in the Name of the Father, and of the Sonne, and of the holy Ghost, the Infant is fully and perfectly baptized. So as the signe of the Crosse being afterwards vsed, doeth neither adde any thing to the vertue or perfection of Baptisme, nor being omitted doeth detract any thing from the effect and substance of it.
Secondly, it is apparant in the Communion Booke, that the Infant baptized is by vertue of [Page] [Page] [Page] Baptisme, before it be signed with the signe of the Crosse, receiued into the Congregation of Christs flocke as a perfect member thereof, and not by any power ascribed vnto the signe of the Crosse So that for the very remembrance of the Crosse, which is very precious to all them that rightly beleeue in Iesu Christ, and in the other respects mentioned, the Church of England hath reteined still the signe of it in Baptisme: following therein the Primitiue and Apostolicall Churches, & accounting it a lawful outward Ceremony & honourable Badge, whereby the Infant is dedicated to the seruice of him that died vpon the Crosse, as by the words vsed in the Booke of Common prayer it may appeare.
Lastly, the vse of the signe of the Crosse in Baptisme, beeing thus purged from all Popish superstition and errour, and reduced in the Church of England to the primary Institution of it vpon those true rules of Doctrine concerning things indifferent, which are consonant to the word of God, and the iudgements of all the ancient Fathers: Wee hold it the part of euery priuate man, both Minister and other, [Page] reuerently to reteine the true vse of it prescribed by publike Authoritie, considering that things of themselues indifferent, doe in some sort alter their natures, when they are either commanded or forbidden by a lawfull Magistrate: and may not be omitted at euery mans pleasure contrary to the Law, when they bee cōmanded, nor vsed when they are prohibited.
¶ Ministers their Ordination, function, and charge.
XXXI. Foure solemne times appointed for the making of Ministers.
FOrasmuch as the ancient Fathers of the Church led by example of the Apostles, appointed Prayers and Fasts to bee vsed at the solemne ordering of Ministers, & to that purpose allotted certaine times, in which onely sacred Orders might be giuen or conferred: We following their holy and Religious example, doe constitute & decree, That no Deacons or Ministers be made and ordained, but onely vpon [Page] [Page] [Page] the Sundayes immediatly following Ieiunia quatuor temporum, commonly called Ember weekes, appointed in ancient time for Prayer and Fasting (purposely for this cause at their first Institution) and so continued at this day in the Church of England: and that this bee done in the Cathedrall or Parish Church where the Bishop resideth, and in the time of diuine Seruice, in the presence not onely of the Archdeacon, but of the Deane and two Prebendaries at the least, or (if they shall happen by any lawful cause to be let or hindered) in the presence of foure other graue persons being masters of Arts at the least, and allowed for publike Preachers.
XXXII. None to bee made Deacon and Minister, both in one day.
THe Office of a Deacon being a step or degree to the Ministery according to the iudgment of the ancient Fathers, and the practise of the Primitiue Church: We doe ordaine and appoint, that hereafter no Bishop shall make any person of what qualities or gifts soeuer, a Deacon and a Minister, both together [Page] vpon one day: but that the order in that behalfe prescribed in the Booke of making and consecrating Bishops, Priestes, and Deacons be strictly obserued. Not that alwayes euery Deacon should be kept from the Ministerie for a whole yeere when the Bishop shall find good cause to the contrary: but that there being now foure times appointed in euery yeere for the ordination of Deacons and Ministers, there may euer be some time of trial of their behauiour in the office of Deacon, before they bee admitted to the Order of Priesthood.
XXXIII. The Titles of such as are to be made Ministers.
IT hath beene long since prouided by many decrees of the ancient Fathers, that none should be admitted either Deacon or Priest, who had not first some certain place where he might vse his Function. According to which examples we doe ordaine, that henceforth no person shall be admitted into sacred Orders, except he shall at that time exhibite to the Bishop of whome hee desireth Imposition of hands, a presentation of himselfe to some Ecclesiasticall [Page] [Page] [Page] preferment then voyd in that Diocesse: or shal bring to the said Bishop a true & vndoubted Certificate, that either he is prouided of some Church within the said Diocesse, where he may attend the Cure of soules, or of some Ministers place vacant, either in the Cathedral Church of that Diocesse, or in some other Collegiat Church therein also scituate, where he may execute his Ministerie: or that he is a Fellow, or in right as a Fellow, or to bee a Conduct or Chapleine in some Colledge in Cambridge or Oxford: or except he be a Master of Arts of fiue yeeres standing, that liueth of his owne charge in either of the Vniuersities: or except by the Bishop himselfe, that doth ordaine him Minister, he be shortly after to be admitted either to some Benefice or Curateship then voyd. And if any Bishop shall admit any person into the Ministery that hath none of these Titles as is aforesaid, then he shal keepe and maintaine him with all things necessary, till he doe preferre him to some Ecclesiastical liuing. And if the said Bishop shall refuse so to doe, hee shall bee suspended by the Archbishop being assisted with another Bishop, [Page] from giuing of Orders by the space of a yeere.
XXXIIII. The qualitie of such as are to bee made Ministers.
NO Bishop shall hencefoorth admit any person into sacred Orders which is not of his owne Diocesse, except he be either of one of the Vniuersities of this Realme, or except hee shall bring letters Dimissory (so tearmed) from the Bishop of whose Diocesse he is, and desiring to be a Deacon, is three and twentie yeeres olde, and to bee a Priest foure and twenty yeeres complete, and hath taken some degree of Schoole in either of the saide Vniuersities, or at the least, except hee be able to yeeld an accompt of his Faith in Latine, according to the Articles of Religion approoued in the Synode of the Bishops and Cleargie of this Realme 1562, and to confirme the same by sufficient testimonies out of the holy Scriptures; and except moreouer, he shall then exhibite letters Testimoniall of his good life and conuersation vnder the Seale of some College in Cambridge or Oxford, where before he remained, [Page] [Page] [Page] or of three or foure graue Ministers, together with the subscription and testimonie of other credible persons, who haue knowen his life and behauiour by the space of three yeeres next before.
XXXV. The examination of such as are to bee made Ministers.
THe Bishop before hee admit any person to holy Orders, shall diligently examine him in the presence of those Ministers that shal assist him at the Imposition of hands. And if the said Bishop haue any lawfull impediment, he shall cause the said Ministers carefully to examine euery such person so to bee ordered. Prouided that they who shall assist the Bishop in examining and laying on of handes, shall bee of his Cathedrall Church if they may conueniently bee had, or other sufficient Preachers of the same Diocesse, to the number of three at the least. And if any bishop or Suffragan shal admit any to sacred Orders who is not so qualified & examined, as before we haue ordeined: the Archbishop of this prouince hauing notice thereof, & being assisted [Page] therein by one Bishop, shall suspend the said Bishop or Suffragan so offending, from making either Deacons or Priests for the space of two yeeres.
XXXVI. Subscription required of such as are to bee made Ministers.
NO person shall hereafter be receiued into the Ministery, nor either by Institution or Collation admitted to any Ecclesiastical liuing, nor suffered to Preach, to Catechize, or to be a Lecturer, or Reader of Diuinitie in either Vniuersity, or in any Cathedrall or Collegiat Church, City or market Towne, parish Church, Chappel, or in any other place within this Realme, except hee be licensed either by the Archbishop, or by the Bishop of the Diocesse, (where he is to be placed) vnder their handes and seales, or by one of the two Vniuersities vnder their seale likewise: and except he shall first subscribe to these three Articles following, in such maner and sort as wee haue here appointed.
1 That the Kings Maiestie vnder God, is the onely supreme Gouernour of this Realme, [Page] [Page] [Page] and of all other his Highnesse Dominions and Countreys, aswell in all Spirituall or Ecclesiasticall things or causes, as Temporall and that no forraine Prince, person, prelate, State, or potentate, hath or ought to haue any Iurisdiction, power, superioritie, preheminence, or authoritie Ecclesiasticall or Spirituall, within his Maiesties said Realmes, Dominions, and Countreys.
2 That the Booke of Common prayer, and of ordering of Bishops, priests and deacons, containeth in it nothing contrary to the word of God, and that it may lawfully so be vsed, and that he himselfe will vse the forme in the said Booke prescribed in publike prayer, and administration of the Sacraments, and none other.
3 That he alloweth the booke of Articles of Religion agreed vpon oy the Archbishops and Bishops of both Prouinces, and the whole Cleargie in the Conuocation holden at London in the yeere of our Lord God, one thousand fiue hundred sixtie and two: and that he acknowledgeth all & euery the Articles therein contained being in number nine and thirty, [Page] besides the ratification, to be agreeable to the word of God.
To these three Articles whosoeuer will subscribe, he shal for the auoyding of all ambiguities subscribe in this order & fourme of words, setting downe both his christen and surname, viz. I N. N. doe willingly and ex animo subscribe to these three Articles aboue mentioned, and to all things that are contained in them. And if any bishop shall ordaine, admit, or license any as is aforesaid, except hee first haue subscribed in maner and fourme as here we haue appointed, he shall be suspended from giuing of Orders and Licences to preach for the space of twelue moneths. But if either of the Vniuersities shall offend therein, wee leaue them to the danger of the Lawe and his Maiesties censure.
XXXVII. Subscription before the Diocesan.
NOne licensed as is aforesaid, to Preach, Reade, Lecture, or Catechize, comming to reside in any Diocesse, shalbe permitted there to Preach, Read, Lecture, Catechize, or Minister the Sacraments, or to execute any [Page] [Page] [Page] other Ecclesiasticall function (by what authoritie soeuer he be thereunto admitted) vnlesse he first consent and subscribe to the three Articles before mentioned, in the presence of the Bishop of the Diocesse wherin he is to preach, Read, Lecture, Cathechize or administer the Sacraments as aforesaid.
XXXVIII. Reuolters after Subscription, censured.
IF any Minister after he hath once subscribed to the said three Articles, shal omit to vse the fourme of Prayer, or any of the Orders or Ceremonies prescribed in the Communion Booke, let him be suspended: and if after a moneth he doe not reforme and submit himselfe, let him be excōmunicated: and then if he shal not submit himself within the space of another moneth, let him be deposed frō the Ministery.
XXXIX. Cautions for Institution of Ministers into Benefices.
NO bishop shall institute any to a Benefice, who hath bene ordained by any other Bishop, except hee first shew vnto him his Letters of Orders, and bring him a sufficient [Page] testimony of his former good life and behauiour, if the Bishop shall require it: and lastly shall appeare vpon due examination to be worthy of his Ministery.
XL. An Oath against Symonie at institution into Benefices.
TO auoid the detestable sinne of Symony, because buying & selling of Spiritual and Ecclesiastical Functions, Offices, Promotions, Dignities, and Liuings is execrable before God: therefore the Archbishop and all and euery Bishop or Bishops or any other person or persons, hauing authority to Admit, Institute, Collate, Install, or to confirme the election of any Archbishop, Bishop, or other person or persons to any Spirituall or Ecclesiasticall function, Dignitie, Promotion, Title, Office, Iurisdiction, Place, or Benefice with Cure or without Cure, or to any Ecclesiastical liuing whatsoeuer, shall before euery such Admission, Institution, Collation, Installation or Confirmation of Election, respectiuely minister to euery person hereafter to be admitted, Instituted, collated, Installed, or confirmed in [Page] [Page] [Page] or to any Archbishopricke, Bishopricke, or other Spiritual or Ecclesiastical function, Dignitie, Promotion, Title, office, Iurisdiction, Place, or Benefice with Cure or without Cure, or in or to any Ecclesiasticall liuing whatsoeuer, this Oath in maner and forme following, the same to be taken by euery one whom it concerneth in his owne person, and not by a Proctor: I N. N. do sweare, That I haue made no Symoniacall payment, contract or promise, directly or indirectly, by my selfe or by any other to my knowledge, or with my consent, to any person or persons whatsoeuer, for or concerning the procuring and obtaining of this Ecclesiasticall Dignity, Place, Preferment, Office or Liuing, (respectiuely and particularly naming the same whereunto hee is to be Admitted, Instituted, Collated, Installed, or Confirmed) nor will at any time hereafter perfourme or satisfie any such kind of paiment, contract or promise made by any other without my knowledge or consent; So helpe me God through Iesus Christ.
XLI. Licenses for plurality of Benefices limitted, and Residence enioyned.
[Page]NO License or dispensation for the keeping of more Benefices with Cure then one, shalbe granted to any, but such only as shall be thought very well worthy for his learning, and very well able and sufficient to discharge his duety, that is, who shall haue taken the degree of a Master of Arts at the least in one of the Vniuersities of this Realme, and bee a publike and sufficient Preacher licensed. Prouided alwayes that he bee by a good and sufficient caution bound to make his personall Residence in each his sayd Benefices for some reasonable time in euery yeere: and that the sayd Benefices bee not more then thirty miles distant sunder: and lastly, that he haue vnder him in the Benefice where he doeth not reside, a Preacher lawfully allowed, that is able sufficiently to teach and instruct the people.
XLII. Residence of Deanes in their Churches.
EVery Deane, Master, or Warden, or chiefe Gouernour of any Cathedrall or Collegiate Church, shall be resident in his said Cathedrall or Collegiate Church fourescore and ten dayes Coniunctim or Diuisim in euery [Page] [Page] [Page] yeere at the least, and then shal continue there in preaching the word of God, and keeping good hospitalitie, except he shall be otherwise let with weighty and vrgent causes to bee approoued by the Bishop of the Diocesse, or in any other lawfull sort dispensed with. And when he is present, he, with the rest of the Canons or Prebendaries resident, shall take speciall care, that the Statutes and laudable Customes of their Church, (not being contrary to the word of God, or Prerogatiue Royall) the Statutes of this Realme being in force concerning Ecclesiasticall Order, and all other Constitutions now set foorth and confirmed by his Maiesties Authoritie, and such as shall bee lawfully enioyned by the Bishop of the Diocesse in his Visitation according to the Statutes and Customes of the same Church, or the Ecclesiasticall Lawes of this Realme, be diligently obserued, and that the Pettie Canons, Vicars chorall, and other Ministers of their Church be vrged to the study of the holy Scriptures: and euery one of them to haue the New Testament not onely in English, but also in Latine.
XLIII. Deanes and Prebendaries to Preach during their Residence.
THe Deane, Master, Warden, or chiefe Gouernour, Prebendaries and Canons in euery Cathedral & Collegiat Church, shal not onely preach there in their owne persons so often as they are bound by Law, Statute, Ordinance, or Custome; but shall likewise Preach in other Churches of the same Diocesse where they are resident, and especially in those places whence they or their Church receiue any yeerely Rents or profits. And in case they themselues bee sicke, or lawfully absent, they shall substitute such licensed Preachers to supplie their turnes, as by the Bishop of the Diocesse shal be thought meete to Preach in Cathedrall Churches. And if any otherwise neglect to omit or supply his course, as is aforesaid, the offendor shall be punished by the Bishop, or by him or them to whome the iurisdiction of that Church appertaineth, according to the quality of the offence. [Page]
XLIIII. Prebendaries to be resident vpon their Benefices.
NO Prebendaries nor Canons in Cathedrall or Collegiate Churches, hauing one or moe Benefices with Cure, (and not beeing Residentaries in the same Cathedrall or Collegiat Churches) shall vnder colour of the sayd Prebends, absent themselues from their Benefices with Cure aboue the space of one moneth in the yeere, vnlesse it be for some vrgent cause, and certaine time to be allowed by the Bishop of the Diocesse. And such of the said Canons and Prebendaries as by the Ordinances of the sayd Cathedrall or Collegiat Churches do stand bound to be resident in the same, shall so among themselues sort and proportion the times of the yeere, concerning residence to bee kept in the sayde Churches, as that some of them alwayes shall be personally resident there: and that all those who be, or shall be Residentiaries in any Cathedrall or Collegiat Church, shall after the dayes of their Residencie appointed by their locall Statutes or Customes expired, presently repaire to their Benefices, or some one of [Page] them, or to some other Charge where the Law requireth their presence, there to discharge their dueties according to the Lawes in that case prouided. And the Bishop of the Diocesse shall see the same to be duely performed and put in execution.
XLV. Beneficed Preachers beeing resident vpon their liuings to preach euery Sunday.
EVery Beneficed man allowed to bee a preacher, and residing on his Benefice, hauing no lawful impediment, shall in his owne Cure, or in some other Church or Chappell where he may conueniently neere adioyning, (where no Preacher is) preach one Sermon euery Sunday of the yeere, wherein hee shall soberly and sincerely diuide the word of trueth to the glory of God, and to the best edification of the people.
XLVI. Beneficed men not Preachers to procure monethly Sermons.
EVery beneficed man not allowed to be a Preacher, shall procure Sermons to bee preached in his Cure once in euery moneth [Page] [Page] [Page] at the least, by Preachers lawfully licenced, if his liuing in the iudgement of the Ordinary, will be able to beare it. And vpon euery Sunday when there shall not bee a Sermon preached in his Cure, hee or his Curate shall reade some one of the Homilies prescribed, or to be prescribed by authoritie to the intents aforesaid.
XLVII. Absence of Beneficed men to bee supplied by Curates that are allowed Preachers.
EVery Beneficed man licensed by the Lawes of this Realme, vpon vrgent occasions of other seruice not to reside vpon his Benefice, shall cause his Cure to be supplied by a Curate that is a suffiicient and licensed Preacher, if the worth of the Benefice wil beare it. But whosoeuer hath two Benefices, shall maintaine a Preacher licensed, in the Benefice where he doeth not reside, except he preach himselfe at both of them vsually.
XLVIII. None to be Curates but allowed by the Bishop.
NO Curat or Minister shall be permited to serue in any place, without Examination [Page] and Admission of the Bishop of the Diocesse or Ordinary of the place hauing Episcopal Iurisdiction, in writing vnder his hand and seale, hauing respect to the greatnesse of the Cure, and meetenesse of the party. And the said Curates and Ministers if they remooue from one Diocesse to another, shal not be by any means admitted to serue without testimonie of the Bishop of the Diocesse, or Ordinarie of the place as aforesaid, whence they came, in writing, of their honesty, ability, and conformitie to the Ecclesiasticall lawes of the Church of England. Nor any shall serue more then one Church or Chappel vpon one day, except that Chappell be a member of the Parish Church, or vnited thereunto: and vnlesse the sayde Church or Chappell where such a Minister shall serue in two places, bee not able in the iudgement of the Bishop or Ordinary as aforesaid to maintaine a Curate.
XLIX. Ministers not allowed Preachers, may not expoūd.
NO person whatsoeuer not examined and approued by the Bishop of the Diocesse, or not licensed as is aforesaid for a sufficient [Page] [Page] [Page] or conuenient Preacher, shal take vpon him to expound in his owne Cure or elsewhere, any Scripture or matter of doctrine, but shall onely study to reade plainly and aptly (without glozing or adding) the Homilies already set foorth or hereafter to be published by lawfull Authoritie, for the confirmation of the true Faith, and for the good instruction and edification of the people.
L. Strangers not admitted to Preach without shewing their Licence.
NEither the Minister, Churchwardens, nor any other Officers of the Church, shall suffer any man to preach within their Churches or Chappels, but such as by shewing their Licence to preach, shal appeare vnto them to be sufficiently authorized thereunto, as is aforesaid.
LI. Strangers not admitted to Preach in Cathedrall Churches without sufficient authoritie.
THe Dea [...], Presidents, & Residentiaries of any Cathedrall or Collegiate Church, shal suffer no stranger to preach vnto the [Page] people in their Churches, except they be allowed by the Archbishop of the Prouince, or by the Bishop of the same Diocesse, or by either of the Vniuersities. And if any in his Sermon shal publish any Doctrine, either strange or disagreeing from the word of God, or from any of the Articles of Religion agreed vpon in the Conuocation house Anno 1562. or from the booke of Cōmon prayers: the Deane or the Residents shall by their Letters subscribed with some of their hands that heard him, so soone as may be, giue notice of the same to the Bishop of the Diocesse, that he may determine the matter, and take such order therein as he shall thinke conuenient.
LII. The names of strange Preachers to bee noted in a Booke.
THat the Bishop may vnderstand (if occasion so require) what Sermons are made in euery Church of his Diocesse, and who presume to preach without Licence: the Churchwardens & Sidemen shall see that the names of al preachers which come to their Church from any other place, bee noted in a [Page] [Page] [Page] booke, which they shall haue ready for that purpose: wherein euery Preacher shall subscribe his name, the day when hee preached, and the name of the Bishop of whom he had Licence to preach.
LIII. No publike opposition betweene Preachers.
IF any Preacher shall in the Pulpit particularly, or namely of purpose, impugne or confute any doctrine deliuered by any other Preacher in the same Church, or in any church neere adioyning, before he hath acquainted the Bishop of the Diocesse therewith, and receiued order from him what to do in that case, because vpon such publike dissenting and contradicting, there may grow much offence and disquietnesse vnto the people: the Churchwardens or party grieued shall forthwith signifie the same to the said Bishop, and not suffer the said Preacher any more to occupy that place which he hath once abused, except hee faithfully promise to forbeare all such matter of contention in the Church, vntill the Bishop hath taken further order therein: who shall with all conuenient speed so proceed therein, [Page] that publike satisfaction may bee made in the Congregation where the offence was giuen. Prouided, that if either of the parties offending doe appeale, hee shall not be suffered to preach pendente lite.
LIIII. The Licences of Preachers refusing Conformitie, to be voyd.
IF any man licenced heretofore to preach, by any Archbishop, Bishop, or by either of the Vniuersities, shall at any time from henceforth refuse to conforme himselfe to the Lawes, Ordinances, and Rites Ecclesiasticall established in the Church of England, he shall be admonished by the Bishop of the Diocesse, or Ordinary of the place, to submit himselfe to the vse and due exercise of the same. And if after such admonition, he doe not conforme himselfe within the space of one moneth, We determine and decree, That the licence of euery such Preacher shall thereupon bee vtterly voyde and of none effect.
LV. The forme of a Prayer to bee vsed by Preachers before their Sermons.
[Page] [Page] [Page]BEfore all Sermons, Lectures, and Homilies, the Preachers & Ministers shall moue the people to ioine with them in prayer in this forme, or to this effect, as briefly as conueniently they may. Ye shal pray for Christs holy Catholike Church, that is, for the whole Congregation of Christian people dispersed throughout the whole world, and especially for the Churches of England, Scotland, and Ireland. And herein I require you most especially to pray for the Kings most excellent Maiestie, our Soueraigne Lord IAMES, King of England, Scotland, France and Ireland, Defendour of the Faith, & Supreme Gouernour in these his Realmes, and all other his Dominions and Countries, ouer all persons, in all causes, aswell Ecclesiasticall as Temporall. Ye shall also pray for our gracious Queene ANNE, the Noble Prince HENRY, and the rest of the King and Queenes Royall Issue. Ye shall also pray for the Ministers of Gods holy word & Sacraments, aswell Archbishops and Bishops, as other Pastours and Curates. Ye shall also pray for the Kings most honourable Counsell, and for all the Nobilitie and Magistrates [Page] of this Realme, that all & euery of these in their seuerall Callings, may serue truely and painefully to the glory of God, and the edifying and well gouerning of his people, remembring the accompt that they must make. Also yee shall pray for the whole Commons of this Realme, that they may liue in true Faith and feare of God, in humble obedience to the King, and brotherly charitie one to another. Finally, let vs praise God for all those which are departed out of this life in the Faith of Christ, and pray vnto God that wee may haue grace to direct our liues after their good example: that this life ended, wee may be made partakers with them of the glorious Resurrection in the life Euerlasting, alwayes concluding with the Lords prayer.
LVI. Preachers and Lecturers to reade diuine Seruice and administer the Sacraments twise a yeere at the least.
EVery Minister being possessed of a Benefice that hath Cure and Charge of soules, although he chiefly attend to preaching, and hath a Curate vnder him to execute the other [Page] [Page] [Page] duties, which are to be performed for him in the Church, and likewise euery other stipendarie Preacher that readeth any Lecture, or Catechizeth, or Preacheth in any Church or Chappell, shall twise at the least euery yeere reade himselfe the diuine Seruice, vpon two seuerall Sundayes, publikely and at the vsuall times, both in the Forenoone and Afternoone in the Church which he so possesseth, or where he Readeth, Catechizeth, or Preacheth as is aforesaid, and shal likewise as often in euery yeere administer the Sacraments of Baptisme (if there be any to be baptized) & of the Lords Supper, in such maner & forme, and with the obseruation of all such Rites and Ceremonies as are prescribed by the booke of Common prayer in that behalfe: which if hee doe not accordingly performe, then shall he that is possessed of a Benefice (as before) bee suspended: and he thatis but aReader, Preacher, or Catechizer, be remoued from his place by the Bishop of the Diocesse, vntil he or they shal submit themselues to performe all the said duties, in such mater and [...]ort as before is prescribed.
LVII. The Sacraments not to be refused at the hands of vnpreaching Ministers.
WHereas diuers Persons seduced by false Teachers, doe refuse to haue their children baptized by a Minister that is no Preacher, and to receiue the holy Communion at his hands in the same respect, as though the vertue of those Sacraments did depend vpon his ability to preach: Forasmuch as the doctrine both of Baptisme and of the Lords Supper is sufficiently set downe in the booke of Common prayer to bee vsed at the administration of the said Sacraments, as nothing can be added vnto it that is material and necessary: We doe require and charge euery such person seduced as aforesayd, to reforme that their wilfulnesse, and to submit himselfe to the order of the Church in that behalfe, both the said Sacraments being equally effectual, whether they be ministred by a Minister that is no Preacher, or by one that is a Preacher. And if any hereafter shal offend herein, or leaue their owne Parish Churches in that respect, and Communicate or caus [...] their children [Page] to be Baptized in other Parishes abroad, and will not bee mooued thereby to reforme that their error and vnlawfull course: let them be presented to the Ordinarie of the place by the Minister, Churchwardens, and Sidemen or Questmen of the Parishes where they dwel, and there receiue such punishment by Ecclesiasticall censures, as such obstinacie doth worthily deserue: that is, Let them (persisting in their wilfulnesse) be suspended, and then after a moneths further obstinacie, Excommunicated. And likewise if any Parson, Vicar, or Curate, shal after the publishing hereof, either receiue to the Communion any such persons which are not of his owne Church & Parish, or shall Baptize any of their children, thereby strengthening them in their said errours, Let him bee suspended, and not released thereof, vntill hee doe faithfully promise that hee will not afterwards offend therein.
LVIII. Ministers reading Diuine Seruice, and Administring the Sacraments, to weare Surplisses, and Graduats therewithall Hoods.
[Page]EVery Minister saying the publike Praiers, or ministring the Sacraments or other Rites of the Church, shall weare a decent and comely Surplisse with sleeues, to be prouided at the charge of the Parish. And if any question arise touching the matter, decencie, or comlinesse thereof, the same shalbe decided by the discretion of the Ordinary. Furthermore such Ministers as are Graduats, shall weare vpon their Surplisses at such times, such Hoods as by the orders of the Vniuersities are agreeable to their degrees, which no Minister shall weare (being no Graduat) vnder paine of suspension. Notwithstanding it shalbe lawfull for such Ministers as are not Graduats, to weare vpon their Surplisses in stead of Hoods, some decent Tippet of black, so it be not silke.
LIX. Ministers to Catechize euery Sunday.
EVery Parson, Vicar, or Curate, vpon euery Sunday and Holy day before Euening prayer, shall for halfe an houre or more, examine and instruct the youth and ignorant persons of his Parish in the ten Commandements, the Articles of the Beliefe, and in the [Page] [Page] [Page] Lords prayer: and shall diligently heare, instruct, & teach them the Catechisme set forth in the Booke of Common prayer. And all Fathers, Mothers, Masters, and Mistresses, shall cause their children, seruants, and apprentices, which haue not learned the Catechisme, to come to the Church at the time appointed, obediently to heare, and to bee ordered by the Minister, vntill they haue learned the same. And if any Minister neglect his duetie herein, let him bee sharpely reprooued vpon the first complaint, and true notice thereof giuen to the Bishop or Ordinarie of the place. If after submitting himselfe, hee shall wilfully offend therein againe, let him be suspended. If so the third time, there being little hope that he will bee therein reformed, then Excommunicated, and so remaine vntil he will be reformed. And likewise if any of the saide Fathers, Mothers, Masters, or Mistresses, Children, Seruants, or Apprentices shall neglect their dueties, as the one sort in not causing them to come, and the other in refusing to learne as aforesaid, Let them bee suspended by their Ordinaries, (if they be not children) and if they so persist by [Page] the space of a moneth, then let them bee Excommunicated.
LX. Confirmation to be performed once in three yeeres.
FOrasmuch as it hath beene a solemne, ancient, & laudable Custome in the Church of God, continued from the Apostles times, that all Bishops should lay their hands vpon children Baptized and instructed in the Catechisme of Christian Religion, praying ouer them, and blessing them, which wee commonly call Confirmation, and that this holy action hath beene accustomed in the Church in former ages, to be performed in the Bishops Visitation euery third yeere: We will and appoint, that euery Bishop, or his Suffragan in his accustomed Visitation, do in his owne person carefully obserue the said Custome. And if in that yeere by reason of some infirmitie, he be not able personally to Visit, then he shal not omit the execution of that duetie of Confirmation the next yeere after, as he may conueniently. [Page] [Page] [Page]
LXI. Ministers to prepare children for Confirmation.
EVery Minister that hath Cure and charge of soules, for the better accomplishing of the Orders prescribed in the Booke of Common prayer concerning Confirmation, shall take such especiall care as that none may be presented to the Bishop for him to lay his hands vpon, but such as can render an account of their Faith according to the Catechisme in the said Booke contained. And when the Bishop shall assigne any time for the performance of that part of his duty, euery such Minister shall vse his best endeuour to prepare and make able, and likewise to procure as many as he can to be then brought, and by the Bishop to be confirmed.
LXII. Ministers not to marrie any persons without Bannes or Licence.
NO Minister vpon paine of suspension per triennium ipso facto, shall celebrate Matrimonie betweene any persons without a Facultie or Licence granted by some of the persons in these our Constitutions expressed, [Page] except the Bannes of Matrimonie haue bene first published three seueral Sundaies or Holy dayes in the time of diuine Seruice in the Paris [...] churches and Chappels where the saide parties dwel, according to the booke of Common prayer. Neither shall any Minister vpon the like paine vnder any pretence whatsoeuer, ioyne any persons so licenced in Marriage at any vnseasonable times, but onely betweene the houres of eight and twelue in the forenoone, nor in any priuate place, but either in the said Churches or Chappels where one of them dwelleth, and likewise in time of Diuine Seruice: nor when Bannes are thrice asked (and no Licence in that respect necessary) before the Parents or Gouernours of the parties to be married, being vnder the age of twentie and one yeeres, shall either personally, or by sufficient testimonie, signifie to him their consents giuen to the said Marriage.
LXIII. Ministers of exempt Churches not to Marry without Bannes or Licence.
EVery Minister who shal hereafter celebrate Marriage betwixt any persons contrary to [Page] [Page] [Page] our said Constitutions, or any part of them, vnder colour of any peculiar Libertie or Priuiledge claimed to appertaine to certaine Churches and Chappels, shall be suspended per triennium, by the Ordinarie of the place where the offence shalbe committed. And if any such Minister shall afterwards remooue from the place where he hath committed that fault before he be suspended, as is aforesaid, then shall the Bishop of the Diocesse, or Ordinarie of the place where he remaineth, vpon Certificat vnder the Hand and Seale of the other Ordinarie from whose Iurisdiction hee remooued, execute that censure vpon him.
LXIIII. Ministers solemnly to bid Holy dayes.
EVery Parson, Vicar, or Curate shall in his seuerall charge declare to the people euery Sunday at the time appointed in the Communion Booke, whether there bee any Holy dayes or Fasting dayes the weeke following. And if any doe hereafter wittingly offend herein, and beeing once admonished thereof by his Ordinary, shall againe omit that duetie: let him be censured according to [Page] Law, vntill hee submit himselfe to the due performance of it.
LXV. Ministers solemnly to denounce Recusants and Excommunicats.
ALl Ordinaries shall in their seuerall Iurisdictions carefully see & giue order, that aswell those who for obstinate refusing to frequent diuine Seruice established by publike authority within this Realme of England, as those also (especially of the better sort and condition) who for notorious contumacie or other notable crimes stand lawfully excommunicate, (vnlesse within three moneths immediatly after the said sentence of Excommunication pronounced against them, they reforme themselues, and obtaine the benefit of Absolution) bee euery sixe moneths ensuing, aswell in the Parish Church, as in the Cathedrall Church of the Diocesse in which they remaine, by the Minister openly in time of Diuine Seruice vpon some Sunday denounced and declared Excommunicate, that others may be thereby both admonished to refraine their company and society, and excited the rather [Page] [Page] [Page] to procure out a Writ De excommunicate capiendo, thereby to bring and reduce them into due order and obedience. Likewise the Register of euery Ecclesiastical Court, shal yeerely betweene Michaelmas and Christmas, duely certifie the Archbishop of the Prouince of all and singuler the premisses aforesaid.
LXVI. Miuisters to conferre with Recusants.
EVery Minister being a Preacher, and hauing any Popish Recusant or Recusants in his Parish, and thought fit by the Bishop of the Diocesse, shall labour diligently wi [...]h them from time to time, thereby to recl [...]ime them from their errours. And if he be [...] Preacher, or not such a Preacher, then hee shall procure, if he can possibly, some that are Preachers so qualified, to take paines with them for that purpose. If he can procure none, then he shall informe the Bishop of the Diocesse thereof, who shal not only appoint some neighbour Preacher or Preachers adioyning [...] labour vpon them, but himselfe also [...] important affaires wil permit him) shal [...] is best endeuour by instruction, perswasion, [Page] and all good meanes he can deuise to reclaime both them and all other within his Diocesse so affected.
LXVII. Ministers to visite the sicke.
WHen any person is dangerously sicke in any Parish, the Minister or Curate (hauing knowledge thereof) shal resort vnto him or her (if the disease bee not knowen or probably suspected to bee infectious) to instruct and comfort them in their distresse, according to the order of the Communion booke, if he be no Preacher: or if hee be a Preacher, then as he shall thinke most needfull and conuenient. And when any is passing out of this life, a Bell shall bee tolled, and the Minister shall not then slacke to doe his last duetie. And after the parties death (if it so fall out) there shal be rung no more but one short peale, and one other before the buriall, and one other after the buriall.
LXVIII. Ministers not to refuse to christen or bury.
NO Minister shal refuse or delay t [...] christen any child according to the forme of the [Page] [Page] [Page] booke of Common prayer, that is brought to the Church to him vpon Sundayes or Holydayes to be christened, or to bury any corps that is brought to the Church or Churchyard (conuenient warning being giuen him thereof before) in such manner and forme as is prescribed in the said booke of Common prayer. And if he shall refuse to christen the one, or bury the other, except the party deceased were denounced excommunicated maiori excommunicatione, for some grieuous and notorious crime, (and no man able to testifie of his repentance) he shalbe suspended by the Bishop of the Diocesse from his Ministerie by the space of three moneths.
LXIX. Ministers not to deferre Christening, if the childe be in danger.
IF any Minister beeing duely without any maner of collusion, informed of the weaknesse and danger of death of any Infant vnbaptized in his Parish, and thereupon desired to go or come to the place where the said Infant remaineth to baptize the same, shal either wilfully refuse so to doe, or of purpose, or of [Page] grosse negligence shall so deferre the time, as when he might conueniently haue resorted to the place, and haue baptized the said Infant, it dieth through such his default vnbaptized: the said Minister shall be suspended for three moneths, and before his restitution shall acknowledge his fault, and promise before his Ordinarie, that hee will not wittingly incurre the like againe. Prouided, that where there is a Curate or a Substitute, this Constitution shall not extend to the Parson or Vicar himselfe, but to the Curate or Substitute present.
LXX. Ministers to keepe a Register of Christnings, Weddings, and Burials.
IN euery Parish Church and Chappell within this Realme, shall be prouided one parchment Booke at the charge of the Parish, wherein shall be written the day and yeere of euery Christning, Wedding, and Buriall, which haue bene in that Parish since the time that the Law was first made in that behalfe, so farre as the ancient Bookes thereof can be procured, but especially since the beginning of the Raigne of the late Qneene. And for the safe [Page] [Page] [Page] keeping of the said booke, the Churchwardens at the charge of the Parish, shall prouide one sure Coffer with three lockes & keyes, whereof the one to remaine with the Minister, and the other two with the Churchwardens seuerally, so that neither the Minister without the two Churchwardens, nor the Churchwardens without the Minister, shall at any time take that Booke out of the said Coffer. And henceforth vpon euery Sabboth day, immediatly after Morning or Euening prayer, the Minister and Churchwardens shal take the said parchment Booke out of the said Coffer, and the Minister in the presence of the Churchwardens shall write and record in the said Booke, the names of all persons Christned, together with the names and surnames of their Parents, and also the names of all persons Married and Buried in that parish, in the weeke before, and the day and yeere of euery such Christning, Marriage, and Buriall: And that done, they shal lay vp that Booke in the Coffer as before: and the Minister and Churchwardens vnto euery page of that Booke, when it shall be filled with such inscriptions, shall subscribe their [Page] names. And the Churchwardens shall once euery yeere within one Moneth after the fiue and twentieth day of March, transmit vnto the Bishop of the Diocesse, or his Chancellor, a true Copy of the names of al persons Christned, Married, or Buried in their Parish in the yeere before (ended the said fiue and twentieth day of March) and the certaine dayes and moneths in which euery such Christning, Marriage and Buriall was had, to be subscribed with the hands of the said Minister & Churchwardens, to the end the same may faithfully bee preserued in the Registrie of the said Bishop: which Certificat shalbe receiued without Fee. And if the Minister or Churchwardens shall be negligent in performance of any thing herein contained, it shall be lawfull for the Bishop or his Chancellor to conuent them, and proceede against euery of them as contemners of this our Constitution.
LXXI. Ministers not to Preach or administer the Communion in priuate houses.
NO Minister shall Preach or administer the holy Communion in any priuate house, [Page] [Page] [Page] except it be in times of necessitie, when any being either so impotent, as hee cannot goe to the Church, or very dangerously sicke, are desirous to bee partakers of that holy Sacrament, vnder paine of suspension for the first offence, and Excommunication for the second. Prouided that houses are here reputed for Priuate houses, wherein are no Chappels dedicated and allowed by the Ecclesiasticall Lawes of this Realme. And prouided also vnder the paine before expressed, that no Chapleins doe Preach or administer the Communion in any other places, but in the Chappels of the said houses, and that also they do the same very seldome vpon Sundayes and holy dayes. So that both the Lords and Masters of the said houses and their families shall at other times resort to their owne Parish Churches, and there receiue the holy Communion at the least once euery yeere.
LXXII. Ministers not to appoint publike or priuate Fasts, or Prophesies, or to exorcize, but by authority.
NO Minister or Ministers shall without the Licence and direction of the Bishop of [Page] the Diocesse first obtained and had vnder his Hand and Seale, appoint or keepe any solemne Fasts, either publikely or in any priuate houses, other then such as by Law are, or by publike authoritie shall be appointed, nor shall be wittingly present at any of them, vnder paine of Suspension for the first fault, of Excommunication for the second, and of Deposition from the Ministerie for the third. Neither shall any Minister not licensed, as is aforesaide, presume to appoint or hold any meetings for Sermons, commonly termed by some, Prophesies or Exercises, in Market townes or other places, vnder the said paines: Nor without such License to attempt vpon any pretence whatsoeuer, either of Possession or Qbsession, by fasting and prayer to cast out any deuill or deuils, vnder paine of the imputation of Imposture, or Cosenage, and Deposition from the Ministerie.
LXXIII. Ministers not to hold priuate Conuenticles.
FOrasmuch as all Conuenticles and secret meetings of Priestes and Ministers, haue bene euer iustly accompted very hurtfull [Page] [Page] [Page] to the State of the Church wherein they liue: We doe now ordaine and constitute, That no Priests or Ministers of the word of God, nor any other persons shall meete together in any priuate house or elsewhere to consult vpon any matter or course to bee taken by them, or vpon their motion or direction by any other, which may any way tend to the impeaching or deprauing of the doctrine of the Church of England, or of the Booke of Common praier, or of any part of the gouernment and Discipline now established in the Church of England, vnder pain of Excōmunication ipso facto.
LXXIIII. Decencie in apparell enioyned to Ministers.
THe true, ancient and flourishing Churches of Christ being euer desirous that their Prelacie and Cleargie might be had as well in outward reuerence, as otherwise regarded for the worthinesse of their Ministery, did thinke it fit by a prescript forme of decent and comely Apparell, to haue them knowen to the people, and thereby to receiue the honor and estimation due to the special Messengers and Ministers of Almighty God. Wee [Page] therefore following their graue iudgement, and the ancient Custome of the Church of England, and hoping that in time new fanglenesse of Apparell in some factious persons will die of it selfe, do constitute and appoint, That the Archbishop and Bishops, shall not intermit to vse the accustomed Apparel of their degrees. Likewise all Deanes, Masters of Colledges, Archdeacons, and Prebendaries in Cathedrall and Collegiate Churches, (beeing Priests or Deacons) Doctors in Diuinitie, Law, and Phisicke, Bachelers in Diuinitie, Masters of Arts, and Bachelers of Lawe hauing any Ecclesiasticall liuing, shall vsually weare Gownes with standing collers, and sleeues streight at the hands, or wide sleeues as is vsed in the Vniuersities, with Hoods or Tippets of Silke or Sarcenet, and square Caps. And that all other Ministers, admitted or to be admitted into that Function, shall also vsually weare the like Apparell, as is aforesaid, except Tippets onely. We doe further in like maner ordaine, That all the said Ecclesiasticall persons aboue mentioned, shall vsually weare in their iourneys Cloakes with sleeues, commonly called [Page] [Page] [Page] Priests Cloaks without gards, welts, long Buttons, or cuts. And no Ecclesiastical person shall weare any Coife, or wrought Nightcap, but onely plaine Nightcaps of blacke silke, Satten, or Veluet. In all which particulars concerning the Apparell here prescribed, our meaning is not to attribute any holinesse or speciall worthinesse to the said garments, but for decencie, grauitie and order, as is before specified. In priuate houses, and in their Studies, the said persons Ecclesiasticall may vse any comely and Schollerlike Apparel. Prouided, that it be not cut or pinckt, and that in publike they goe not in their Dublet and Hose, without Coats or Cassocks: and also that they weare not any light coloured Stockins. Likewise poore beneficed men and Curats (not being able to prouide themselues long Gownes) may goe in short Gownes, of the fashion aforesaid.
LXXV. Sober conuersation required in Ministers.
NO Ecclesiastical persons shal at any time, other then for their honest necessities, resort to any Tauernes or Alehouses, neither shall they board or lodge in any such [Page] places. Furthermore, they shal not giue themselues to any base or seruile labour, or to drinking or riot, spending their time idlely by day or by night, playing at Dice, Cardes, or Tables, or any other vnlawfull game: but at all times conuenient, they shall heare or reade somewhat of the holy Scriptures, or shall occupie themselues with some other honest studie or exercise, alwayes doing the things which shall appertaine to honestie, and endeuouring to profit the Church of God, hauing alwayes in minde that they ought to excell all others in puritie of life, and should bee examples to the people to liue well and Christianly vnder paine of Ecclesiasticall censures to be inflicted with seueritie, according to the qualities of their offences.
LXXVI. Ministers at no time to forsake their Calling.
NO man being admitted a Deacon or Minister, shall from thenceforth voluntarily relinquish the same, nor afterward vse himselfe in the course of his life, as a Lay man, vpon paine of Excommunication. And the names of all such men so forsaking ther [Page] [Page] [Page] calling, the Church-wardens of the Parish where they dwell shall present to the Bishop of the Diocesse, or to the Ordinarie of the place, hauing Episcopall Iurisdiction.
❧Schoolemasters.
LXXVII. None to teach Schoole without Licence.
NO man shal teach either in publike Schoole, or priuate house, but such as shall bee allowed by the Bishop of the Diocesse, or Ordinarie of the place vnder his Hand and Seale, being found meete aswell for his learning and dexteritie in teaching, as for sober and honest conuersation, and also for right vnderstanding of Gods true Religion, and also except he shall first subscribe to the first and third Articles afore mentioned simply, and to the two first clauses of the second Article.
LXXVIII. Curats desirous to teach, to bee licenced before others.
IN what Parish Church or Chappell soeuer there is a Curate which is a Master of Arts, or Bacheler of Arts, or is otherwise well able to teach youth, and will willingly so doe, for the better increase of his liuing, and trayning vp of children in Principles of true Religion: We will and ordaine, That a Licence to teach youth of the Parish where he serueth, be granted to none by the Ordinarie of that place, but onely to the saide Curate. Prouided alwayes, That this Constitution shall not extend to any Parish or Chappell in countrey Townes, where there is a publike Schoole founded already: In which case wee thinke it not meete to allow any to teach Grammer, but onely him that is allowed for the said publike Schoole.
LXXIX. The duetie of Schoolemasters.
ALl Schoolemasters shall teach in English or Latine, as the children are able to beare, the larger or shorter Catechisme [Page] [Page] [Page] heretofore by publike authoritie set foorth. And as often as any Sermon shall bee vpon Holy and Festiuall dayes, within the Parish where they teach, they shall bring their Schollers to the Church where such Sermon shall bee made, and there see them quietly and soberly behaue themselues, and shall examine them at times conuenient after their returne, what they haue borne away of such Sermons. Vpon other dayes, and at other times they shal traine them vp with such sentences of holy Scripture, as shall bee most expedient to induce them to all godlinesse: and they shall teach the Grammer set forth by King HENRY the eight, and continued in the times of King EDVVARD the sixt, and Queene ELIZABETH of noble memory, and none other. And if any Schoolemaster being licenced, and hauing subscribed, as aforesaid, shall offend in any of the premisses, or either speake, write, or teach against any thing whereunto he hath formerly subscribed, (if vpon admonition by the Ordinary he do not amend and reforme himselfe) let him bee suspended from teaching Schoole any longer.
¶Things appertaining to Churches.
LXXX. The great Bible and Booke of Common prayer to be had in euery Church.
THe Church-wardens or Questmen of euery Church & Chappell shall at the charge of the Parish prouide the Booke of Common prayer lately explaned in some few points by his Maiesties authoritie according to the Lawes and his Highnesse prerogatiue in that behalfe, and that with all conuenient speed, but at the furthest within two moneths after the publishing of these our Constitutions. And if any Parishes bee yet vnfurnished of the Bible of the largest volume, or of the Bookes of Homilies allowed by Authoritie: the said Church-wardens shall within conuenient time prouide the same at the like charge of the Parish. [Page] [Page]
LXXXI. A Font of stone for Baptisme in euery Church.
ACcording to a former Constitution, too much neglected in many places, wee appoint, That there shalbe a Font of stone in euery Church and Chappell where Baptisme is to be ministred: the same to bee set in the ancient vsuall places. In which onely Font the Minister shall baptize publikely.
LXXXII. A decent Communion Table in euery Church.
WHereas we haue no doubt but that in all Churches within the Realme of England, conuenient and decent Tables are prouided, and placed for the celebration of the holy Communion, we appoint that the same Tables shall from time to time bee kept and repaired in sufficient and seemely manner, and couered in time of diuine Seruice with a Carpet of Silke or other decent stuffe thought meet by the Ordinarie of the place, if any question be made of it, and with a faire Linnen cloth at the time of the ministration as becommeth that Table, and so stand, sauing [Page] when the said holy Communion is to bee administred. At which time the same shall bee placed in so good sort within the Church or Chancell, as thereby the Minister may be more conueniently heard of the Communicants in his prayer and ministration, and the Communicants also more conueniently and in more number may communicate with the said Minister: and that the ten Commandements be set vpon the East ende of euery Church and Chappell where the people may best see and reade the same, and other chosen Sentences written vpon the walles of the said Churches and Chappels in places conuenient: and likewise that a conuenient seate bee made for the Minister to reade Seruice in. All these to bee done at the charge of the Parish.
LXXXIII. A pulpit to be prouided in euery Church.
THe Churchwardens or Questmen at the common charge of the Parishioners in euery Church, shall prouide a comely and decent Pulpit to bee set in a conuenient place within the same by the discretion of the Ordinarie of the place, if any question doe [Page] [Page] [Page] arise, and to be there seemely kept for the preaching of Gods word.
LXXXIIII. A Chest for Almes in euery Church.
THe Churchwardens shall prouide and haue within three moneths after the publishing of these constitutions, a strong Chest, with a hole in the vpper part thereof, to be prouided at the charge of the Parish (if there be none such already prouided) hauing three keyes. Of which one shall remaine in the custody of the Parson, Vicar, or Curat, and the other two in the custody of the Churchwardens for the time beeing, which Chest they shall set and fasten in the most conuenient place, to the intent the Parishioners may put into it their Almes for their poore neighbours. And the Parson, Vicar, or Curate shall diligently from time to time, and especially when men make their Testaments, call vpon, exhort, and mooue their neighbours to conferre, and giue as they may well spare to the said Chest, declaring vnto them, that whereas heretofore they haue bene diligent to bestow much substance, otherwise then God commaunded, [Page] vpon superstitious vses: now they ought at this time to be much more ready to helpe the poore and needy, knowing that to relieue the poore, is a sacrifice which pleaseth God: and that also whatsoeuer is giuen for their comfort, is giuen to Christ himselfe, & is so accepted of him, that he will mercifully reward the same. The which Almes and deuotion of the people, the Keepers of the keyes shall yeerely, quarterly, or oftner (as need requireth) take out of the Chest, and distribute the same in the presence of most of the Parish, or sixe of the chiefe of them, to bee truely and faithfully deliuered to their most poore and needy neighbours.
LXXXV. Churches to be kept in sufficient reparations.
THe Churchwardens or questmen shall take care and prouide that the Churches bee well and sufficiently repaired, and so from time to time kept and maintained, that the Windowes bee well glazed, and that the Floores be kept paued, plaine, and euen, and all things there in such an orderly and decent sort, without dust, or any thing that may bee [Page] [Page] [Page] either noisome, or vnseemely, as best becommeth the house of God, and is prescribed in an Homily to that effect. The like care they shall take, that the Churchyards bee well and sufficiently repaired, fenced, and maintained, with Walles, Railes, or Pales, as haue beene in each place accustomed, at their charges vnto whom by Lawe the same appertaineth: but especially they shall see that in euery meeting of the Congregation, peace be well kept, and that all persons Excommunicated, and so denounced, be kept out of the Church.
LXXXVI. Churches to be suruayed, and the decayes certified to the high Commissioners.
EVery Deane, Deane and Chapter, Archdeacon, and others which haue authoritie to holde Ecclesiasticall Visitations by Composition, Law or Prescription, shall suruay the Churches of his or their Iurisdiction, once in euery three yeeres in his owne person, or cause the same to bee done, and shall from time to time within the said three yeeres, certifie the high Commissioners for causes Ecclesiasticall, euery yeere of such defects in any [Page] the said Churches, as hee or they doe finde to remaine vnrepaired, and the names and surnames of the parties faultie therein. Vpon which Certificat we desire that the sayd high Commissioners will Ex Officio mero send for such parties, and compel them to obey the iust and lawfull Decrees of such Ecclesiasticall Ordinaries, making such Certificates.
LXXXVII. A Terrier of Glebelands, and other Possessions belonging to Churches.
WE ordaine that the Archbishop and all Bishops within their seuerall Diocesses, shall procure (as much as in them lieth) that a true note and Terrier of all the Glebes, Lands, Meadowes, Gardens, Orchards, Houses, Stockes, Implements, Tenements, & portions of Tithes lying out of their Parishes which belong to any Parsonage or Vicarage, or rurall Prebend, bee taken by the view of honest men in euery Parish, by the appointment of the Bishop, whereof the Minister to bee one, and bee laid vp in the Bishops Registrie, there to be for a perpetuall memorie thereof. [Page] [Page]
LXXXVIII. Churches not to be prophaned.
THe Churchwardens or Questmen and their Assistants shall suffer no Playes, Feasts, Banquets, Suppers, Church-ales, Drinkings, temporall Courts or Leetes, Lay-iuries, Musters, or any other prophane vsage to be kept in the Church, Chappel, or Churchyard, neither the Bels to be rong superstitiously, vpon Holydayes or Eues, abrogated by the Booke of Common prayer, nor at any other times without good cause to be allowed by the Minister of the place, and by themselues.
¶Churchwardens or Questmen, and Sidemen or Assistants.
LXXXIX. The choise of Churchwardens and their accompt.
AL Churchwardens or Questmen in euery Parish, shall bee chosen by the ioynt consent of the Minister and the Parishioners it it may be. But if they cannot agree vpon such a [Page] choise, then the Minister shall chuse one, and the Parishioners an other, and without such a ioynt or seuerall choise, none shall take vpon them to be Churchwardens, neither shal they continue any longer then one yere in that Office, except perhaps they be chosen againe in like manner. And all Churchwardens at the end of their yeere, or within a moneth after at the most, shall before the Minister and the Parishioners giue vp a iust accompt of such money as they haue receiued, and also what particularly they haue bestowed in reparations, and otherwise for the vse of the Church. And last of all going out of their Office, they shall truely deliuer vp to the Parishioners whatsoeuer money, or other things of right belonging to the Church or Parish, which remaineth in their hands, that it may bee deliuered ouer by them to the next Churchwardens by Bill Indented.
XC. The choyse of Sidemen and their ioynt Office with Churchwardens.
THe Churchwardens or Questmen of euery Parish, and two or three or moe [Page] [Page] [Page] discreet persons in euery Parish to bee chosen for Sidemen or Assistants, by the Minister and Parishioners, if they can agree, (otherwise to bee appointed by the Ordinarie of the Diocesse) shall diligently see, that all the Parishioners duely resort to their Church vpon all Sundayes and Holy dayes, and there continue the whole time of diuine Seruice: and none to walke or to stand idle or talking in the Church, or in the Church-yard, or Church-porch during that time. And all such as shall bee found slacke or negligent in resorting to the Church, (hauing no great or vrgent cause of absence) they shall earnestly call vpon them: and after due monition (if they amend not) they shall present them to the Ordinarie of the place. The choice of which persons, viz. Church-wardens or Questmen, Sidemen or Assistants, shall bee yeerely made in Easter weeke.
¶Parish Clearks.
XCI. Parish Clearks to be chosen by the Minister.
NO Parish Clearke vpon any vacation shalbe chosen within the Citie of London, or elsewhere within the Prouince of Canterbury, but by the Parson or Vicar: or where there is no Parson or Vicar, by the Minister of that place for the time being: Which choice shall bee signified by the said Minister, Vicar, or Parson, to the Parishioners the next Sunday following in the time of Diuine Seruice. And the said Clearke shalbe of twenty yeeres of age at the least, and knowen to the saide Parson, Vicar or Minister to be of honest conuersation, and sufficient for his Reading, Writing, and also for his competent skil in Singing (if it may be.) And the said Clearks so chosen, shall haue and receiue their ancient Wages, without fraude or diminution, either at the handes of the Church-wardens at such times as hath bene accustomed, or by their [Page] [Page] [Page] owne collection according to the most ancient custome of euery Parish.
¶Ecclesiasticall Courts belonging to the Archbishops Iurisdiction.
XCII. None to bee Cited into diuers Courts for probate of the same Will.
FOrasmuch as many heretofore haue bene by Apparitors both of inferiour Courts, and of the Courts of the Archbishops Prerogatiues much distracted, and diuersly called, and summoned for probate of Willes, or to take administrations of the goods of persons dying intestate, and are thereby vexed and grieued with many causelesse and vnnecessary troubles, molestations, and expences: Wee constitute and appoint, That all Chancellors, Commissaries or Officials, or any other exercising Ecclesiasticall Iurisdiction whatsoeuer, shall at the first charge with an [Page] othe all persons called, or voluntarily appearing before them for the probate of any Will, or the Administration of any goods, whether they know, or (moued by any speciall inducement) doe firmely beleeue that the partie deceased (whose Testament or goods depend now in question) had at the time of his or her death, any goods or good debts, in any other Diocesse or Diocesses, or peculiar Iurisdiction within that Prouince, then in that wherein the said party died, amounting to the value of fiue pounds. And if the said person cited, or voluntarily appearing before him, shall vpon his oath affirme, That hee knoweth, or (as aforesaid) firmely beleeueth, that the said party deceased had goods or good debts in any other Diocesse or Diocesses, or peculiar Iurisdiction within the said Prouince, to the value aforesaide, and particularly specifie and declare the same: then shall he presently dismisse him, not presuming to intermeddle with the probate of the said Will, or to grant Administration of the goods of the party so dying Intestate: neither shall hee require or exact any other charges of the said parties more then such onely as [Page] [Page] [Page] are due for the Citation, and other Processe had and vsed against the said parties, vpon their further contumacie: but shal openly and plainely declare and professe, that the saide cause belongeth to the Prerogatiue of the Archbishop of that Prouince, willing and admonishing the partie to prooue the said Will, or require Administration of the said goods in the Court of the said Prerogatiue, and to exhibite before him the saide Iudge the probate or administration vnder the seale of the Prerogatiue within forty daies next following. And if any Chancellor, Commissary, Official, or other exercising Ecclesiasticall Iurisdiction whatsoeuer, or any their Register shall offend herein, let him be ipso facto suspended from the execution of his Office, not to be absolued or released vntil he haue restored to the party all expences by him layed out contrary to the tenor of the premisses: and euery such probate of any Testament or administration of goods so granted, shall be held voyd and frustrate to all effects of the Law whatsoeuer.
Furthermore wee charge and enioyne, that the Register of euery inferior Iudge doe without [Page] all difficultie or delay, certifie and informe the Apparitor of the Prerogatiue Court, repairing vnto him once a moneth and no oftner, what Executors or Administrators haue bene by his said Iudge for the incompetencie of his owne Iurisdiction, dismissed to the said Prerogatiue Court within the moneth next before, vnder paine of a moneths suspension from the exercise of his Office for euery default therein. Prouided, that this Canon or any thing therein contained, bee not preiudiciall to any composition betweene the Archbishop and any Bishop or other Ordinary, nor to any inferior Iudge that shall graunt any probate of Testament or administration of goods to any party that shall voluntarily desire it, both out of the said inferior Court, and also out of the Prerogatiue. Prouided likewise, that if any man die In itinere, the goods that he hath about him at that present, shall not cause his Testament or Administration to be liable vnto the Prerogatiue Court.
XCIII. The Rate of Bona notabilia liable to the Prerogatiue Court.
[Page] [Page] [Page] FVrthermore wee decree and ordaine, that no Iudge of the Archbishops Prerogatiue shall henceforward Cite, or cause to be Cited Ex officio any person whatsoeuer to any of the aforesaid intents, vnlesse hee haue knowledge that the partie deceased was at the time of his death possessed of goods and chattels in some other Diocesse or Diocesses, or peculiar Iurisdiction within that Prouince then in that wherein hee died, amounting to the value of fiue pounds at the least, decreeing and declaring, that who so hath not goods in diuers Diocesses to the said Summe or value, shal not be accounted to haue bona notabilia. Alwayes prouided, that this clause here, and in the former Constitution mentioned, shall not preiudice those Diocesses where by composition or custome bona notabilia are rated at a greater summe. And if any Iudge of the Prerogatiue Court, or any his Surrogate or his Register or Apparitor, shall Cite or cause any person to be Cited into his Court contrary to the tenor of the premisses, he shall restore to the party so Cited all his costs and charges, and the actes and proceedings in that behalfe shall bee held [Page] voide and frustrate. Which expences if the said Iudge or Register or Apparitor shal refuse accordingly to pay, he shalbe suspended from the exercise of his Office vntill he yeeld to the performance thereof.
XCIIII. None to be Cited into the Arches or Audience but dwellers within the Archbishops Diocesse or Peculiars.
NO Deane of the Arches nor Officiall of the Archbishops Consistory, nor any Iudge of the Audience, shall henceforward in his own name or in the name of the Archbishop either ex Officio or at the instance of any party, originally Cite, Summon, or any way compell, or procure to be Cited, Summoned, or compelled, any person which dwelleth not within the particular Diocesse or Peculiar of the said Archbishop, to appeare before him or any of them for any cause or matter whatsoeuer belonging to Ecclesiastical cognizance, without the Licence of the Diocesan first had and obtained in that behalfe, other then in such particular cases onely as are expresly excepted and reserued in and by a Statute Anno [Page] [Page] [Page] 23. H. 8. cap. 9. And if any of the said Iudges shall, offend herein, he shall for euery such offence be suspended from the exercise of his office for the space of three whole moneths.
XCV. The restraint of double Quarrels.
ALbeit by former Constitutions of the Church of England, euery Bishop hath had two moneths space to inquire and informe himselfe of the sufficiencie, and qualities of euery Minister, after he hath bene presented vnto him to bee instituted into any Benefice: yet for the auoiding of some inconueniences, wee doe now abridge and reduce the said two moneths vnto eight & twenty dayes onely. In respect of which abridgement, wee doe ordaine & appoint, that no double Quarrell shal hereafter be granted out of any of the Archbishops Courts at the suite of any Minister whosoeuer, except hee shall first take his personall oath, that the said eight and twentie dayes at the least are expired, after he first tendered his presentation to the Bishop, and that he refused to grant him Institution thereupon: or shall enter bonds with sufficient sureties to [Page] prooue the same to be true, vnder paine of suspension of the Granter thereof from the execution of his Office, for halfe a yeere toties quoties to be denounced by the said Archbishop, and Nullitie of the double Quarrell aforesaid, so vnduely procured, to all intents and purposes whatsoeuer. Alwayes prouided that within the said eight and twentie daies, the Bishop shall not institute any other to the preiudice of the said partie before presented, sub poena nullitatis.
XCVI. Inhibitions not to be granted without the subscription of an Aduocate.
THat the Iurisdictions of Bishops may be preserued (as neere as may be) entier and free from preiudice, and that for the behoofe of the Subiects of this land, better prouison be made that henceforward they be not grieued with friuolous and wrongfull suits and molestations: It is ordained and prouided that no Inhibition shall bee graunted out of any Court, belonging to the Archbishop of Canterbury at the instance of any partie, vnlesse it be subscribed by an Aduocate practising in the [Page] [Page] [Page] said Court: which the said Aduocate shal doe freely, not taking any Fee for the same, except the partie prosecuting the suit, doe voluntarily bestow some gratuity vpon him for his counsel and aduice in the said cause. The like course shall be vsed in graunting foorth any Inhibition at the instance of any party by the Bishop or his Chancellor against the Archdeacon, or any other person exercising Ecclesiasticall Iurisdiction: and if in the Court or Consistorie of any Bishop there be no aduocate at all, then shall the subscription of a Proctor practising in the same Court be held sufficient.
XCVII. Inhibitions not to be graunted vntill the Appeale be exhibited to the Iudge.
IT is further ordered & decreed, that henceforward no Inhibition be granted by occasion of any interlocutory decree, or in any cause of correction whatsoeuer, except vnder the forme aforesaid: and moreouer that before the going out of any such Inhibition, the Appeale it selfe, or a copie thereof (auouched by oath to be iust and true) bee exhibited to the [Page] Iudge, or his lawfull Surrogate, whereby hee may be fully informed, both of the qualitie of the crime, and of the cause of the grieuance, before the granting foorth of the said inhibition. And euery Appellant or his lawfull Proctor shal before the obteining of any such Inhibition, shew and exhibite to the Iudge or his Surrogate in writing, a true copy of those Acts wherewith hee complaineth himselfe to be agrieued, and from which he appealeth, or shal take a corporall oath that hee hath performed his diligence, & true endeuor for the obteining of the same, & could not obtein it at the hands of the Register in the Country, or his Deputy, tendring him his Fee. And if any Iudge or Register shall either procure or permit any Inhibition to be sealed, so as is said, contrary to the forme & limitation aboue specified, let him be suspended from the execution of his office, for the space of three moneths: If any Proctor, or other person whatsoeuer by his appointment, shall offend in any of the premisses, either by making or sending out any Inhibition, contrary to the tenour of the said premisses, let him be remoued from the exercise of his Office for [Page] [Page] [Page] the space of a whole yeere without hope of release or restoring.
XCVIII. Inhibitions not to bee granted to factious Appellants, vnlesse they first subscribe.
FOrasmuch as they who breake the Lawes, cannot in reason claime any benefite or protection by the same: Wee decree and appoint, that after any Iudge Ecclesiasticall hath proceeded Iudicially against obstinate and factious persons, and contemners of Ceremonies, for not obseruing the Rites and Orders of the Church of England, or for contempt of Publike prayer, no Iudge ad quem, shall admit or allow any his or their Appeales, vnlesse he hauing first seene the originall Appeale, the partie appellant doe first personally promise and auow, that he wil faithfully keepe and obserue all the Rites and Ceremonies of the Church of England, as also the prescript fourme of Common prayer: and doe likewise subscribe to the three Articles formerly by vs specified and declared.
XCIX. None to marry within the degrees prohibited.
[Page]NO persons shall marrie within the degrees prohibited by the Lawes of God and expressed in a Table set forth by authoritie in the yeere of our Lord God 1563. and all marriages so made & contacted shall bee adiudged incestuous and vnlawfull, and consequently shall be dissolued as voyd from the beginning, and the parties so married shall by course of Law be separated. And the aforesaid Table shall be in euery Church publikely set vp and fixed at the charge of the Parish.
C. None to marrie vnder xxj. yeeres, without their Parents consent.
NO children vnder the age of one and twentie yeeres complete, shall contract themselues, or marrie without the consent of their Parents, or of their Guardians and Gouernours, if their Parents be deceased.
CI. By whom Licences to marrie without Bannes shal be granted, and to what sort of persons.
NO Facultie or Licence shalbe henceforth granted for solemnization of Matrimonie betwixt any parties, without thrice [Page] [Page] [Page] open publication of the Bannes according to the booke of Common prayer, by any person exercising any Ecclesiasticall Iurisdiction, or claiming any Priuiledges in the right of their Churches: but the same shalbe granted onely by such as haue Episcopall authoritie, or the Commissary for Faculties, Vicars generall of the Archbishops and Bishops sede plena, or sede vacante, the Guardian of the Spiritualties or Ordinaries exercising of right Episcopal Iurisdiction in their seuerall Iurisdictions respectiuely, and vnto such persons onely as bee of good state and qualitie, and that vpon good caution and securitie taken.
CII. Securitie to be taken at the graunting of such Licences, and vnder what conditions.
THe securitie mentioned shall containe these conditions: First, that at the time of the granting euery such Licence, there is not any impediment of precontract, consanguinitie, affinitie, or other lawfull cause to hinder the said marriage. Secondly, that there is not any controuersie or suit depending in any Court before any Ecclesiasticall Iudge touching [Page] any contract or marriage of either of the said parties with any other. Thirdly, that they haue obtained thereunto the expresse consent of their parents (if they be liuing) or otherwise of their Guardians or Gouernours. Lastly, that they shall celebrate the said Matrimonie publikely in the Parish Church or Chappell where one of them dwelleth, and in no other place, and that betweene the houres of eight and twelue in the forenoone.
CIII. Oathes to be taken for the conditions.
FOr the auoiding of all fraud and collusion in the obtaining of such Licences & Dispensations: We further constitute and appoint, That before any Licence for the Celebration of Matrimonie, without publication of Bannes be had or granted, it shall appeare to the Iudge by the oathes of two sufficient witnesses, one of them to be knowen either to the Iudge himselfe, or to some other person of good reputation then present, and knowen likewise to the said Iudge, that the expresse consent of the Parents, or Parent if one bee dead, or Gardians, or Gardian of the parties is [Page] [Page] [Page] thereunto had and obtained. And furthermore that one of the parties personally sweare, that he beleeueth there is no let or impediment of precontract, kindred, or alliance, or of any other lawfull cause whatsoeuer, nor any suite commenced in any Ecclesiasticall Court, to bar or hinder the proceeding of the said Matrimonie, according to the tenour of the foresaid Licence.
CIIII. An exception of those that are in Widowhood.
IF both the parties which are to marry being in Widowhood, do seeke a Facultie for the forbearing of Bannes, then the clauses before mentioned, requiring the Parents consents, may be omitted: but the Parishes where they dwell both shall be expressed in the Licence, as also the Parish named where the Marriage shall be celebrated. And if any Commissary for Faculties, Vicars generall, or other the said Ordinaries shal offend in the premisses, or any part thereof, he shall for euery time so offending, be suspended from the execution of his Office for the space of sixe moneths: and euery such Licence or dispensation shall be held [Page] voyd to al effects and purposes, as if there had neuer bene any such granted: and the parties marrying by vertue thereof, shall bee subiect to the punishments which are appointed for Clandestine Marriages.
CV. No Sentence for Diuorce to bee giuen vpon the sole confession of the parties.
FOrasmuch as Matrimoniall causes haue bene alwayes reckoned and reputed amongst the weightiest, and therefore require the greater caution when they come to be handled and debated in Iudgement, especially in causes wherein Matrimonie hauing bene in the Church duely solemnized, is required vpon any suggestion or pretext whatsoeuer to bee dissolued or annulled: Wee doe straightly charge and inioyne, that in all proceedings to Diuorce and Nullities of Matrimonie, good circumspection and aduice bee vsed, and that the trueth may (as farre as is possible) bee sifted out by the deposition of witnesses , and oth [...] lawfull proofes and euictions, and that credit be not giuen to the sole confession of the parties themselues, howsoeuer [Page] [Page] [Page] taken vpon oath, either within or without the Court.
CVI. No Sentence for Diuorce to be giuen but in open Court.
NO Sentence shall be giuen either for separation à thoro & mensa, or for annulling of pretended Matrimonie, but in open Court, and in the seat of Iustice, and that with the knowledge and consent either of the Archbishop within his Prouince, or of the Bishop within his Diocesse, or of the Deane of the Arches, the Iudge of the Audience of Canterbury, or of the Vicars general, or other principall Officials, or sede vacante, of the Guardians of the Spiritualties, or other Ordinaries to whom of right it apperteineth, in their seuerall Iurisdictions and Courts, and concerning them onely that are then dwelling vnder their Iurisdictions.
CVII. In all Sentences for Diuorce, bond to be taken for not marrying, during each others life.
IN all Sentences pronounced onely for Diuorce and Separation, à thoro & mensa, [Page] there shall bee a caution and restraint inserted in the Act of the said Sentence, That the parties so separated, shal liue chastly & continently: neither shall they, during each others life, contract Matrimonie with any other person. And for the better obseruing of this last clause, the said Sentence of Diuorce shall not be pronounced, vntill the partie or parties requiring the same, haue giuen good and sufficient caution & securitie into the Court, that they will not any way breake or trangresse the said restraint or prohibition.
CVIII. The penaltie for Iudges offending in the premisses.
ANd if any Iudge giuing Sentence of Diuorce or Separation, shall not fully keepe and obserue the premisses, he shall be by the Archibishop of the Prouince, or by the Bishop of the Diocesse, suspended from the exercise of his Office for the space of a whole yere, and the Sentence of Separation so giuen contrary to the forme aforesaid, shal be held voyd to all intents and purposes of the Law, as if it had not at all bene giuen or pronounced. [Page]
¶Ecclesiastical Courts belonging to the Iurisdiction of Bishops and Archdeacons, and the proceedings in them.
CIX. Notorious Crimes and Scandals to be certified into Ecclesiasticall Courts by presentment.
IF any offend their brethren, either by Adulterie, whoredome, Incest, or Drunkennesse, or by Swearing, Ribaldrie, Vsurie, or any other vncleannesse and wickednesse of life, the Church-wardens or Questmen and Sidemen in their next Presentments to their Ordinaries, shall faithfully present all and euery of the said offenders, to the intent that they and euery of them may bee punished by the seueritie of the Lawes, according to their deserts, and such notorious offendours shall not be admitted to the holy Communion till they be reformed.
CX. Schismaticks to be presented.
IF the Churchwardens or Questmen or Assistants, doe or shall know any man within their Parish or elsewhere, that is a hinderer of the word of God to bee read or sincerely Preached, or of the execution of these our Constitutions, or a fautor of any vsurped or forreine power by the Lawes of this Realme iustly reiected and taken away, or a defender of Popish and erroneous doctrine: they shall detect and present the same to the Bishop of the Diocesse or Ordinarie of the place, to bee censured & punished, according to such Ecclesiastical Lawes as are prescribed in that behalfe.
CXI. Disturbers of diuine Seruice to be presented.
IN all Visitations of Bishops and Archdeacons, the Churchwardens or Questmen and Sidemen shall truely and personally present the names of all those, which behaue themselues rudely or disorderly in the Church, or which by vntimely ringing of Bels, by walking, talking, or other noyse shall hinder the Minister or Preacher. [Page]
CXII. Not Communicants at Easter to be presented.
THe Minister, Church-wardens, Questmen & Assistants of euery Parish church and Chappell, shall yeerely within fortie daies after Easter exhibite to the Bishop or his Chancellor, the names and surnames of all the Parishioners, aswell men as women, which being of the age of sixteene yeeres, receiued not the Communion at Easter before.
CXIII. Ministers may present.
BEcause it often commeth to passe that the Churchwardens, Sidemen, Questmen, and such other persons of the Laytie as are to take care for the suppressing of sinne and wickednesse in their seuerall Parishes, as much as in them lieth, by admonition, reprehension & denunciation to their Ordinaries, doe forbeare to discharge their duties therein, either through feare of their Superiours, or through negligence, more then were fit, the licentiousnesse of these times considered: Wee ordaine, That hereafter euery Parson and Vicar, or in the lawfull absence of any Parson or [Page] Vicar, then their Curates and Substitutes may ioyne in euery presentment with the sayde Churchwardens, Sidemen, and the rest aboue mentioned at the times hereafter limited, if they the said Churchwardens and the rest will present such enormities as are apparant in the Parish: or if they wil not, then euery such Parson and Vicar, or in their absence as aforesaid their Curates may themselues present to their Ordinaries at such times, and when else they thinke it meete, all such crimes as they haue in charge, otherwise, as by them (being the persons that should haue the chiefe care for the suppressing of sinne and impiety in their Parishes) shall be thought to require due reformation. Prouided alwayes, that if any man confesse his secret and hidden sins to the Minister for the vnburthening of his conscience, and to receiue spiritual consolation and ease of minde from him, We do not any way binde the said Minister by this our Constitution, but do straightly charge and admonish him, that he do not at any time reueale & make knowen to any person whatsoeuer, any crime or offence so committed to his trust and secrecie [Page] [Page] [Page] (except they bee such crimes as by the Lawes of this Realme, his owne life may be called into question for concealing the same) vnder paine of irregularitie.
CXIIII. Ministers shall present Recusants.
EVery Parson, Vicar, or Curate, shall carefully informe themselues euery yere hereafter, how many Popish Recusants, men, women & children aboue the age of thirteene yeeres, and how many being popishly giuen (who though they come to the Church, yet doe refuse to receiue the Communion) are inhabitants, or make their abode either as Soiourners or common Guests in any of their seuerall Parishes, and shall set downe their true names in writing (if they can learne them) or otherwise such names as for the time they cary, distinguishing the absolute Recusants from halfe Recusants: and the same so farre as they know or beleeue so distinguished & set downe vnder their hands, shall truely present to their Ordinaries before the Feast of the Natiuitie next ensuing, vnder paine of suspension to bee inflicted vpon them by their said Ordinaries, [Page] and so euery yeere hereafter vpon the like paine, before the Feast of S. Iohn Baptist. Also we ordaine, that all such Ordinaries, Chancellours, Commissaries, Archdeacons, Officials, and all other Ecclesiasticall Officers, to whom the said presentments shall be exhibited, shall likewise within one moneth after the receit of the same, vnder paine of suspension by the Bishop from the execution of their Offices for the space of halfe a yere (as often as they shall offend therein) deliuer them or cause to be deliuered to the Bishop respectiuely: who shall also exhibite them to the Archbishop within sixe weekes, and the Archbishop to his Maiestie within other sixe weekes after he hath receiued the said presentments.
CXV. Ministers and Churchwardens not to bee sued for Presenting.
WHereas for the reformation of criminous persons and disorders in euery Parish, the Churchwardens, Questmen, Sidemen, and such other Church Officers are sworne, and the Minister charged to present as well the crimes and disorders committed [Page] [Page] [Page] by the said criminous persons, as also the common fame which is spread abroad of them, whereby they are often maligned and sometimes troubled by the said Delinquents or their friends: We doe admonish and exhort all Iudges both Ecclesiasticall and Temporall, as they regard and reuerence the fearefull iudgement seate of the highest Iudge, that they admit not in any of their Courts, any complaint, plea, suit, or suits, against any such Churchwarden, Questmen, Sidemen, or other Church officers for making any such presentments, nor against any Minister for any presentment that hee shall make: all the said presentments tending to the restraint of shamelesse impietie, and considering that the rules both of Charitie and Gouernment doe presume that they did nothing therein of malice, but for the discharge of their consciences.
CXVI. Churchwardens not bound to Present oftner then twice a yeere.
NO Churchwardens, Questmen, or Sidemen of any Parish, shall bee inforced to exhibite their presentments to any hauing [Page] Ecclesiasticall Iurisdiction aboue once in euery yeere, where it hath bene no oftner vsed, nor aboue twise in any Diocesse whatsoeuer, except it be at the Bishops Visitation. For the which presentments of euery Parish Church or Chappell, the Register of any Court where they are to be exhibited, shall not receiue in one yeere aboue foure pence, vnder paine for euery offence therein, of suspension from the execution of his Office for the space of a moneth toties quoties. Prouided alwayes that as good occasion shall require, it shall be lawfull for euery Minister, Churchwardens, and Sidemen, to present offenders as oft as they shall thinke meete. And likewise for any godly disposed person, or for any Ecclesiasticall Iudge, vpon knowledge or notice giuen vnto him or them of any enormious crime within his Iurisdiction, to moue the Minister, Churchwardens, or Sidemen, as they tender the glory of God and reformation of sinne, to present the same, if they shall finde sufficient cause to induce them thereunto, that it may bee in due time punished and reformed. Prouided that for these voluntarie presentments, there be no [Page] [Page] [Page] Fee required or taken of them, vnder the paine aforesaid.
CXVII. Churchwardens not to be troubled for not presenting oftner then twise a yeere.
NO Churchwardens, Questmen, or Sidemen shall be called or cited, but onely at the said time or times before limited, to appeare before any Ecclesiasticall Iudge whosoeuer, for refusing at other times to present any faults committed in their Parishes, and punishable by Ecclesiasticall lawes. Neither shall they nor any of them after their presentments exhibited at any of those times be any further troubled for the same, except vpon manif [...]st and euident proofe it may appeare that they did then willingly and wittingly omit to present some such publike crime or crimes as they knew to be committed, or could not be ignorant that there was then a publike fame of them, or vnlesse there be very iust cause to call them for the explanation of their former presentments. In which case of wilfull omission, their Ordinaries shall proceed against them in such sort as in causes of wilfull periury in a [Page] Court Ecclesiasticall it is alreadie by Law prouided.
CXVIII. The old Churchwardens to make their Presentments before the new be sworne.
THe office of al Churchwardens and Sidemen shall bee reputed euer hereafter to continue vntill the new Churchwardens that shall succeed them, be sworne, which shal be the first weeke after Easter, or some weeke following, according to the direction of the Ordinary. Which time so appointed, shall alwayes be one of the two times in euery yeere, when the Minister and Churchwardens, and Sidemen of euery Parish shall exhibite to their seuerall Ordinaries, the presentments of such enormities as haue happened in their Parishes since their last presentments. And this duetie they shall performe before the newly chosen Churchwardens and Sidemen be sworne, and shall not be suffered to passe ouer the said presentments to those that are newly come into office, and are by intendment ignorant of such crimes, vnder paine of those censures which are appointed for the reformation of such dalliers [Page] [Page] [Page] and dispensers with their owne consciences and oathes.
CXIX. Conuenient time to be assigned for framing Presentments.
FOr the auoyding of such inconueniences as heretofore haue happened by the hasty making of Billes of Presentments, vpon the dayes of the Visitation and Synods: it is ordered, That alwayes hereafter euery Chancellor, Archdeacon, Commissary, and Officiall, and euery other person hauing Ecclesiasticall Iurisdiction at the ordinary time when the Churchwardens are sworne: and the Archbishop and Bishops when he or they doe summon their Visitation, shall deliuer, or cause to be deliuered to the Churchwardens, Questmen, and Sidemen of euery Parish, or to some of them, such Bookes of Articles as they or any of them shall require for the yeere following the said Churchwardens, Questmen, and Sidemen to ground their Presentments vpon at such times as they are to exhibite them. In which Booke shall be contained the forme of the oath which must be taken immediatly before [Page] euery such Presentment: to the intent that hauing before hand time sufficient, not onely to peruse and consider what their sayd oath shalbe, but the Articles also whereupon they are to ground their Presentments, they may frame them at home both aduisedly and truely to the discharge of their owne conscienences, after they are sworne, as becommeth honest and godly men.
CXX. None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina.
NO Bishop, Chancellor, Archdeacon, Officiall or other Ecclesiasticall Iudge, shall suffer any generall Processes of Quorum nomina, to bee sent out of his Court: except the names of all such as thereby are to be cited, shalbe first expresly entred by the hand of the Register, or his Deputie, vnder the said Processes, and the sayd Processes and names be first subscribed by the Iudge, or his Deputie, and his Seale thereto affixed.
CXXI. None to bee Cited into seuerall Courts for one crime.
[Page] [Page] [Page]IN places where the Bishop and Archdeacon, doe by prescription or composition visite at seuerall times in one and the same yeere, least for one and the selfe same fault any of his Maiesties Subiects should bee challenged & molested in diuers Ecclesiastical Courts We order and appoint, That euery Archdeacon, or his Officiall, within one moneth after the Visitation ended that yeere, and the Presentments receiued, shall certifie vnder his Hand and Seale, to the Bishop or his Chancellor, the names and Crimes of all such as are detected and presented in his said Visitation, to the end the Chancellor shall thencefoorth forbeare to conuent any person for any Crime or cause so detected or presented to the Archdeacon. And the Chancellor within the like time after the Bishops Visitation ended, and Presentments receiued, shall vnder his Hand and Seale signifie to the Archdeacon or his Official, the names and Crimes of all such persons which shall be detected or presented vnto him in that Visitation, to the same intent as is aforesaid. And if these Officers shall not certifie each other as is here prescribed, or after [Page] such certificate shall intermeddle with the crimes or persons detected and presented in each others Visitation: then euery of them so offending shall be suspended from all exercise of his Iurisdiction, by the Bishop of the Diocesse, vntill he shall repay the costs and expences which the parties grieued haue bene at by that vexation.
CXXII. No sentence of depriuation or deposition to bee pronounced against a Minister, but by the Bishop.
WHen any Minister is complained of in any Ecclesiasticall Court belonging to any Bishop of this Prouince for any Crime, the Chancellor, Commissarie, Officiall or any other hauing Ecclesiastical Iurisdiction to whom it shall appertaine, shal expedite the cause by Processes and other proceedings against him: and vpon contumacie for not appearing, shal first suspend him, & afterward his contumacie continuing, Excommunicate him. But if he appeare and submit himselfe to the course of Law, then the matter being ready for Sentence, and the merits of his [Page] [Page] [Page] offence exacting by Law, either depriuation from his liuing, or deposition from the Ministery, no such sentence shall bee pronounced by any person whatsoeuer, but only by the Bishop, with the assistance of his Chancellor, the Deane, (if they may conueniently bee had) and some of the Prebendaries, if the Court be kept neere the Cathedrall Church, or of the Archdeacon if he may bee had conueniently, and two other at the least graue Ministers and Preachers to be called by the Bishop, when the Court is kept in other places.
CXXIII. No Act to be sped but in open Court.
NO Chancellor, Commissary, Archdeacon, Officiall, or any other person vsing Ecclesiasticall Iurisdiction whosoeuer, shall speed any iudiciall Act, either of contentious or voluntary Iurisdiction, except he haue the ordinary Register of that Court, or his lawfull Deputy: or if hee or they will not, or cannot be present, then such persons as by law are allowed in that behalfe to write or speede the same, vnder paine of suspension ipso facto.
CXXIIII. No Court to haue more then one Seale.
NO Chancellor, Commissarie, Archdeacon, Official, or any other exercising Ecclesiasticall Iurisdiction, shal without the Bishops consent haue any mo Seales then one for the Sealing of all matters incident to his Office. Which Seale shall alwayes be kept either by himselfe, or by his lawfull Substitute exercising Iurisdiction for him, and remaining within the Iurisdiction of the said Iudge, or in the Citie or principall Towne of the Countie. This Seale shall containe the title of that Iurisdiction which euery of the said Iudges or their Deputies doe execute.
CXXV. Conuenient places to bee chosen for the keeping of Courts.
ALl Chancellors, Commissaries, Archdeacons, Officials, and all other exercising Ecclesiasticall Iurisdiction, shall appoint such meete places for the keeping of their Courts by the assignement or approbation of the Bishop of the Diocesse, as shall bee conuenient for entertainement of those that are to [Page] [Page] [Page] make their appearance there, and most indifferent for their trauell. And likewise they shall keepe and end their Courts in such conuenient time, as euery man may returne homewards in as due season as may be.
CXXVI. Peculiar and inferiour Courts to exhibite the originall copies of Willes into the Bishops Registrie.
WHereas Deanes, Archdeacons, Prebendaries, Parsons, Vicars, & others exercising Ecclesiasticall Iurisdiction, claime libertie to proue the last Willes & Testaments of persons deceased within their seuerall Iurisdictions, hauing no knowen nor certaine Registers, nor publike place to keepe their Records in, by reason whereof many Willes, Rights, and Legacies vpon the death or change of such persons and their priuate Notaries, miscarry and cannot bee found, to the great preiudice of his Maiesties Subiects: We therefore order and inioyne, that all such Possessours & Exercisers of peculiar Iurisdiction, shall once in euery yeere exhibite into the publike Registrie of the Bishop of the Diocesse, [Page] or of the Deane & Chapter vnder whose Iurisdiction the said Peculiars are, euery originall Testament of euery person in that time deceased and by them proued in their seuerall peculiar Iurisdictions, or a true Copie of euery such Testament examined, subscribed, and sealed by the peculiar Iudge and his Notarie. Otherwise if any of them faile so to doe, the Bishop of the Diocesse or Deane and Chapter vnto whom the said Iurisdictions doe respectiuely belong, shall suspend the said parties and euery of them from the exercise of all such peculiar Iurisdiction, vntill they haue performed this our Constituion.
¶Iudges Ecclesiasticall and their Surrogates.
CXXVII. The qualitie and oath of Iudges.
NO man shall hereafter be admitted a Chancellor, Commissary, or Official, to exercise any Ecclesiasticall Iurisdiction, except hee be of the full age of sixe and twentie yeeres at [Page] [Page] [Page] the least, and one that is learned in the Ciuill and Ecclesiasticall Lawes, and is at the least a Master of Arts, or Bachelor of Law, and is reasonably well practised in the course thereof, as likewise well affected, and zealously bent to Religion, touching whose life and maners no euill example is had, & except before he enter into or execute any such Office, hee shall take the oath of the Kings Supremacie in the presence of the Bishop, or in the open Court, and shall subscribe to the Articles of Religion agreed vpon in the Conuocation in the yeere one thousand fiue hundred sixtie and two, and shall also sweare that he will to the vttermost of his vnderstanding, deale vprightly and iustly in his Office, without respect or fauour of reward: the said oathes and subscription to be recorded by a Register then present. And likewise all Chancellors, Commissaries, Officials, Registers, and all other that do now possesse or execute any places of Ecclesiasticall Iurisdiction, or Seruice, shall before Christmas next in the presence of the Archbishop or Bishop, or in open Court, vnder whom or where they exercise their Offices, take the same [Page] oathes and subscribe as before is said: or vpon refusall so to doe, shall be suspended from the execution of their Offices, vntill they shal take the said oathes, and subscribe as aforesaid.
CXXVIII. The qualitie of Surrogats.
NO Chancellor, Commissary, Archdeacon, Officiall, or any other person vsing Ecclesiasticall Iurisdiction, shall at any time substitute in their absence any to keepe any Court for them, except hee bee either a graue Minister and a Graduate, or a licensed publike Preacher, and a Beneficed man neere the place where the Courts are kept, or a Bachelor of Law, or a Master of Arts at least, who hath some skill in the Ciuill and Ecclesiasticall Law, and is a fauourer of true Religion, and a man of modest and honest conuersation, vnder paine of Suspension for euery time that they offend therein from the execution of their Offices for the space of three moneths Toties quoties. And hee likewise that is Deputed, being not qualified as is before expressed, and yet shall presume to be a Substitute [Page] [Page] [Page] to any Iudge, and shall keepe any Court as is aforesaid, shal vndergoe the same censure in maner and forme as is before expressed.
❧Proctors.
CXXIX. Proctors not to retaine Causes, without the lawfull assignement of the parties.
NOne shall Procure in any cause whatsoeuer, vnlesse he be thereunto constituted and appointed by the partie himselfe, either before the Iudge, and by Act in Court, or vnlesse in the beginning of the Suit, hee be by a true and sufficient Proxie thereunto warranted and enabled. Wee call that Proxie sufficient, which is strengthened and confirmed by some authenticall Seale, the parties approbation, or at least his ratification therewithall concurring. All which Proxies shall be forthwith by the sayd Proctors exhibited into the Court, and be safely kept and preserued by the Register in the publike Registrie of the saide Court. And if any Register or Proctor shall [Page] offend herein, he shall bee secluded from the exercise of his Office for the space of two moneths without hope of release or restoring.
CXXX. Proctors not to retaine Causes without the counsell of an Aduocate.
FOr lessening and abridging the multitude of Suits and contentions, as also for preuenting the complaints of Suiters in Courts Ecclesiasticall, who many times are ouerthrowen by the ouersight and negligence, or by the ignorance and insufficiencie of Proctors, and likewise for the furtherance and increase of learning, and the aduancement of Ciuil and Canon Law, following the laudable customes heretofore obserued in the Courts pertaining to the Archbishop of Canterbury, Wee will and ordaine, that no Proctor exercising in any of them shall intertaine any Cause whatsoeuer, and keepe and retaine the same for two Court dayes, without the Counsell and aduise of an Aduocate, vnder paine of a yeeres suspension from his practise: neither shall the Iudge haue power to release or mitigate [Page] [Page] [Page] the said penaltie, without expresse Mandate and Authoritie from the Archbishop aforesaid.
CXXXI. Proctors not to conclude in any Cause, without the knowledge of an Aduocate.
NO Iudge in any of the said Courts of the Archbishop, shall admit any Libell, or any other matter without the aduice of an Aduocate admitted to practise in the same Court, or without his subscription: neither shall any Proctor conclude any cause depending, without the knowledge of the Aduocate retained and feed in the cause: which if any Proctor shall doe, or procure to bee done, or shall by any colour whatsoeuer defraud the Aduocate of his duetie or Fee, or shall be negligent in repairing to the Aduocate, and requiring his aduice what course is to bee taken in the cause, he shalbe suspended from all practise for the space of sixe moneths, without hope of being thereunto restored, before the said terme be fully complete.
CXXXII. Proctors prohibited the oath In animam Domini sui.
FOrasmuch as in the probate of Testaments and Suits for administration of the goods of persons dying Intestate, the oath vsually taken by Proctors of Courts In animam constituentis, is found to be inconuenient: Wee doe therefore decree & ordaine, That euery Executor or Suitor for administration, shall personally repaire to the Iudge in that behalfe, or his Surrogate, and in his owne person (and not by Proctor) take the oath accustomed in these cases. But if by reason of sicknesse or age, or any other iust let or impediment, he be not able to make his personall appearance before the Iudge, it shall bee lawfull for the Iudge (there being faith first made by a credible person, of the trueth of his said hinderance or impediment) to grant a Commission to some graue Ecclesiasticall person abiding neere the partie aforesaid, whereby hee shall giue power and authoritie to the said Ecclesiasticall person in his stead, to minister the accustomed oath [Page] [Page] [Page] aboue mentioned, to the Executor or Suitor for such administration, requiring his saide Substitute, that by a faithfull and trustie messenger hee certifie the sayd Iudge truely and faithfully what he hath done therein. Lastly, we ordaine and appoint, That no Iudge or Register, shall in any wise receiue for the Writing, Drawing, or Sealing of any such Commission, aboue the summe of sixe shillings and eight pence: whereof one moitie to bee for the Iudge, and the other for the Register of the said Court.
CXXXIII. Proctors not to be clamorous in Court.
FOrasmuch as it is found by experience, that the lowd and confused cries and clamours of Proctors in the Courts of the Archbishop, are not onely troublesome and offensiue to the Iudges & Aduocates, but also giue occasion to the standers by, of contempt and calumnie toward the Court it selfe: that more respect may be had to the dignity of the Iudge, then heretofore, and that causes may more easily and commodiously bee handled [Page] and dispatched, We charge and enioyne, That all Proctors in the said Courts do especially intend, that the Acts be faithfully entred and set downe by the Register, according to the aduice and direction of the Aduocate, that the said Proctors refraine loude speech, and brabling, and behaue themselues quietly and modestly, and that when either the Iudges or Aduocates, or any of them, shal happen to speake, they presently be silent vpon paine of silencing for two whole Termes then immediatly following euery such offence of theirs. And if any of them shall the second time offend herein, & after due monition shall not reforme himselfe: let him be for euer remoued from his practise.
❧ Registers.
CXXXIIII. Abuses to be reformed in Registers.
IF any Register, or his Deputie, or Substitute whatsoeuer, shall receiue any Certificate without the knowledge and consent of the Iudge of the Court, or willingly omit to [Page] [Page] [Page] cause any persons cited to appeare vpon any Court day to be called, or vnduely put off, and deferre the Examination of witnesses to be examined by a day set & assigned by the Iudge, or doe not obey and obserue the iudiciall and lawfull monition of the said Iudge, or omit to write, or cause to be written such Citations and Decrees, as are to be put in execution and set foorth before the next Court day, or shall not cause all Testaments exhibited into his Office to bee Registred within a conuenient time, or shall set downe or enact as decreed by the Iudge any thing false, or conceited by himselfe, and not so ordered or decreed by the Iudge, or in the transmission of Processes to the Iudge Ad quem, shall adde, or insert any falsehood or vntrueth, or omit any thing therein, either by cunning, or by grosse negligence, or in causes of Instance, or promoted of Office, shall receiue any reward in fauour of either partie, or be of counsel directly or indirectly with either of the parties in Suite, or in the execution of their Office, shall doe ought else maliciously, or fraudulently, whereby the said Ecclesiasticall Iudge or his proceedings may be slandred [Page] or defamed: We wil and ordaine that the said Register of his Deputie or Substitute, offending in all, or any of the premisses, shall by the Bishop of the Diocesse be suspended from the exercise of his Office, for the space of one, two or three moneths, or more, according to the qualitie of his offence, and that the sayde Bishop shal assigne some other publike Notarie to execute and discharge all things pertaining to his Office, during the time of his sayd Suspension.
CXXXV. A certaine rate of Fees due to all Ecclesiasticall Officers.
NO Bishop, Suffragan, Chancellor, Commissarie, Archdeacon, Officiall, nor any other exercising Ecclesiasticall Iurisdiction whatsoeuer, nor any Register of any Ecclesiasticall Courts, nor any Minister belonging to any of the said Officers or Courts, shal hereafter for any cause incident to their seueral Offices, take or receiue any other or greater Fees, then such as were certified to the most Reuerend Father in God Iohn late Archbishop of Canterburie, in the yeere of our Lord God, [Page] [Page] [Page] one thousand fiue hundred ninetie and seuen, and were by him ratified and approued, vnder paine that euery such Iudge, Officer, or Minister offending herein shall be suspended from the exercise of their seuerall Offices, for the space of sixe moneths for euery such offence. Alwayes prouided that if any question shall arise concerning the certaintie of the said Fees or any of them: then those Fees shall be held for lawfull, which the Archbishop of Canterburie for the time being shall vnder his hand approoue, except the Statutes of this Realme before made, doe in any particular case expresse some other Fees to be due. Prouided furthermore, that no Fee or money shall bee receiued either by the Archbishop or any Bishop, or Suffragan, either directly or indirectly, for admitting of any into sacred Orders, nor that any other person or persons vnder the said Archbishop, Bishop, or Suffragan, shall for Parchment, Writing, Waxe, Sealing, or any other respect thereunto appertaining, take aboue ten shillings, vnder such paines as are already by Law prescribed.
CXXXVI. A Table of the Rates of Fees to bee set vp in Courts and Registries.
WE do likewise constitute and appoint, that the Registers belonging to euery such Ecclesiasticall Iudge, shall place two Tables, containing the seuerall Rates, and Summes of all the said Fees: one in the vsuall place or Consistorie where the Court is kept, and the other in his Registrie, & both of them in such sort, as euery man whom it concerneth may without difficultie come to the view and perusall thereof, and take a Copie of them: the same Tables to be so set vp before the Feast of the Natiuitie next ensuing. And if any Register shall faile to place the said Tables according to the tenor hereof, he shal be suspended from the execution of his Office, vntil he cause the same to be accordingly done: and the said Tables being once set vp, if hee shall at any time remooue or suffer the same to be remooued, hidden, or any way hindered from sight, contrary to the true meaning of this Constitution, he shall for euery such offence be suspended [Page] [Page] [Page] from the exercise of his Office for the space of sixe moneths.
CXXXVII. The whole Fees for shewing letters of Orders, and other Licenses due but once in euery Bishops time.
FOrasmuch as a chiefe and principall cause and vse of Visitation is, that the Bishop, Archdeacon, or other assigned to Visite, may get some good knowledge of the State, Sufficiencie, and Abilitie of the Cleargie, and other persons whom they are to Visite: Wee thinke it conuenient that euery Parson, Vicar, Curate, Schoolemaster, or other person licenced whosoeuer, doe at the Bishops first Visitation, or at the next Visitation after his Admission, shew and exhibite vnto him his Letters of Orders, Institution, and Induction, and all other his Dispensations, Licences, or Faculties whatsoeuer, to bee by the said Bishop either allowed or (if there be iust cause) disallowed and reiected: and being by him approued, to be as the Custome is, signed by the Register, and that the whole Fees accustomed to [Page] bee payed in the Visitations in respect of the premisses, bee payed onely once in the whole time of euery Bishop, and afterwards, but halfe of the saide accustomed Fees, in euery other Visitation during the said Bishops continuance.
¶ Apparitors.
CXXXVIII. The number of Apparitors restrained.
FOrasmuch as wee are desirous to redresse such abuses and aggrieuances as are saide to grow by Sumners or Apparitors: Wee thinke it meete that the multitude of Apparitors be (as much as is possible) abridged or restrained. Wherefore we decree and ordaine, that no Bishop or Archdeacon, or their Vicars or Officials, or other inferior Ordinaries, shall depute or haue more Apparitors to serue in their Iurisdictions respectiuely, then either they or their predecessors were accustomed to haue thirtie yeeres before the publishing of [Page] [Page] [Page] these our present Constitutions. All which Apparitors shall by themselues faithfully execute their Offices, neither shall they by any colour or pretence whatsoeuer cause or suffer their Mandats to be executed by any Messengers or Substitutes, vnlesse it bee vpon some good cause to be first knowen and approued by the Ordinarie of the place. Moreouer, they shall not take vpon them the office of Promoters or Informers for the Court, neither shall they exact more or greater Fees then are in these our Constitutions formerly prescribed. And if either the number of the Apparitors deputed shall exceed the foresaid limitation, or any of the saide Apparitors shall offend in any of the premisses, the persons deputing them, if they be Bishops, shall vpon admonition of their superiour discharge the persons exceeding the number so limitted: if inferiour Ordinaries, they shall be suspended from the execution of their Office vntill they haue dismissed the Apparitors by them so deputed, & the parties themselues so deputed shall for euer be remooued from the Office of Apparitors: and if being so remoued, they desist not [Page] from the exercise of their said Offices, let them be punished by Ecclesiasticall censures as persons contumacious. Prouided, that if vpon experience the number of the said Apparitors be too great in any Diocesse, in the iudgement of the Archbishop of Canterbury for the time being, they shall by him be so abridged, as hee shall thinke meete and conuenient.
¶ Authoritie of Synodes.
CXXXIX. A Nationall Synode the Church representatiue.
WHosoeuer shall hereafter affirme, that the Sacred Synode of this Nation in the Name of CHRIST, and by the Kings Authoritie assembled, is not the true Church [Page] [Page] [Page] of ENGLAND by representation, let him be Excommunicated, and not restored, vntill hee repent and publikely reuoke that his wicked error.
CXL. Synodes conclude as well the absent as the present.
WHosoeuer shall affirme, that no maner of person either of the Clergie or Laitie, not being themselues particularly assembled in the said sacred Synode, are to be subiect to the Decrees thereof in causes Ecclesiasticall (made and ratified by the Kings Maiesties supreme Authoritie) as not hauing giuen their voices vnto them: let him bee Excommunicated, and not restored vntill hee repent and publikely reuoke that his wicked error.
CXLI. Deprauers of the Synode, censured.
WHosoeuer shall hereafter affirme, That the sacred Synode assembled as aforesaid, was a company of such persons as did conspire together against godly and Religious professors of the Gospel: and [Page] that therefore both they and their proceedings, in making of Canons and Constitutions in causes Ecclesiasticall by the Kings authoritie as aforesaid, ought to be despised and contemned, the same being ratified, confirmed, and enioyned by the said Regall Power, Supremacie, and Authoritie: let them be Excommunicated and not restored, vntill they repent and publikely reuoke that wicked error. [Page]
WE of our princely inclination, and Royall care for the maintenance of the present Estate and Gouernement of the Church of ENGLAND, by the Lawes of this our Realme now setled and established, hauing diligently, with great contentment and comfort, read and considered of all these their sayd Canons, Orders, Ordinances, and Constitutions agreed vpon, as is before expressed; and finding the same such, as Wee are perswaded will bee very profitable, not onely to our Clergie, but to the whole Church of this our kingdome, and to all the true members of it, (if they be well obserued) Haue therefore for Ʋs, our [Page] Heires, and lawfull Successours, of our especiall Grace, certaine Knowledge, and meere Motion giuen, and by these presents doe giue our Royall assent, according to the forme of the sayd Statute or Acte of Parliament aforesayd, to all and euery of the said Canons, Orders, Ordinances, and Constitutions, and to all and euery thing in them contained, as they are before written.
And furthermore, Wee doe not onely by our sayd Prerogatiue Royall, and supreme Authoritie in causes Ecclesiasticall, ratifie, confirme, and establish by these our Letters Patents, the sayd Canons, Orders, Ordinances, and Constitutions, and all and euery thing in them contayned, [Page] [Page] [Page] as is aforesayd: but doe likewise propound, publish, and straightly enioyne and command by our sayd Authority, and by these our Letters Patents, the same to bee diligently obserued, executed, and equally kept by all our louing Subiects of this our kingdome, both within the Prouince of CANTERBVRIE and YORKE, in all points wherein they doe or may concerne euery or any of them, according to this our will and pleasure hereby signified and expressed: and [...] likewise for the better obseruation of them, euery Minister, by what name or title soeuer he be called, shall in the Parish Church or Chappell where he hath charge, reade all the sayd Canons, Orders, Ordinances [Page] and Constitutions once euery yere, vpon some Sundayes or Holy dayes, in the afternoone before Diuine Seruice, diuiding the same in such sort, as that the one halfe may bee read one day, and the other another day: the Booke of the sayd Canons to be prouided at the charge of the Parish betwixt this and the Feast of the Natiuity of our Lord God next ensuing: Straightly charging and commaunding all Archbishops, Bishops, and all other that exercise any Ecclesiasticall Jurisdiction within this Realme, euery man in his place, to see, and procure (so much as in them lieth) all and euery of the same Canons, Orders, Ordinances and Constitutions to be in all poynts duely obserued, not [Page] [Page] [Page] sparing to execute the [...]ena [...] them seuerally mentioned, vpon [...] that shal wittingly or wilfully breake, or neglect to obserue the same, as they tender the honour of God, the peace of the Church, the tranquilitie of the Kingdome, and their dueties and seruice to Ʋs their King and Souereigne.
In witnesse, &c.
¶ Imprinted at London by ROBERT BARKER, Printer to the Kings most Excellent Maiestie.
ANNO DOM. 1604. [Page]