for not presenting oftner then twice a yeere The olde Churchwardens to make their presentments before the new be sworne Conuenient time to bee assigned for framing Presentments None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina None to be cited into seueral Courts for one crime No sentence of Depriuation or Deposition to bee pronounced against a Minister but by the Bishop No Acte to be sped but in open Court No Court to haue more then one Seale Conuenient places to bee chosen for the keeping of Courts Peculier and inferior Courts to exhibite the originall copies of Wills into the Bishops Registry ¶ Iudges of Ecclesiasticall Courts THe Qualitie and oath of Iudges The Qualitie of Surrogats ¶ Proctors PRoctors not to retaine Causes without the lawfull assignement of the parties Proctors not to retaine Causes without the counsell of an Aduocate Proctors not to conclude in any Cause without the knowledge of an Aduocate Proctors prohibited the oath In animam Domini sui Proctors not to be clamorous in Court ¶ Registers A Buses to be reformed in Registers A certaine rate of Fees due to all Ecclesiasticall Officers A Table of the rates of Fees to be set vp in Courts and Registries The whole Fees for shewing Letters of Orders and other Licences due but once in euery Bishops time ¶ Apparitors THE number of Apparitors restrained ¶ Authoritie of Synods A Nationall Synode the Church representatiue Synods conclude aswell the absent as the present Deprauers of the Synode censured IAMES by the grace of God King of England Scotland France and Ireland defender of the faith c. To all to whom these presents shall come Greeting Whereas our Bishops Deanes of our Cathedrall Churches Archdeacons Chapters and Colleges the other Cleargie of euery Diocesse within the Prouince of Canterbury being summoned called by vertue of our Writ directed to the most reuerend father in God IOHN late Archbishop of Canterbury and bearing date the 31. day of Ianuary in the first yeere of our Raigne of England France and Ireland and of Scotland the 37. to haue appeared before him in our Cathedrall Church of Saint Paul in London the 20. day of March then next ensuing or elsewhere as he should haue thought it most conuenient to treat consent and conclude vpon certaine difficult and vrgent affaires mentioned in the said Writte Did thereupon at the time appointed and within the Cathedrall Church of Saint Paul aforesaid assemble themselues and appeare in Conuocation for that purpose according to our said Writte before the Right reuerend Father in God Richard Bishop of London duely vpon a second Writte of Ours dated the 9. day of March aforesaid authorized appointed and constituted by reason of the saide Archbishop of Canterbury his death President of the said Conuocation to execute those things which by vertue of our first Writ did appertaine to him the said Archbishop to haue executed if he had liued Wee for diuers vrgent and weighty causes and considerations vs thereunto especially mouing of our especial grace certaine knowledge and meere motion did by vertue of our Prerogatiue royal and supreme Authoritie in causes Ecclesiastical giue and grant by our seuerall Letters Patents vnder our great Seale of England the one dated the 12. day of April last past and the other the 25. day of Iune then next following full free and lawfull libertie licence power and Authoritie vnto the said Bishop of London President of the said Conuocation and to the other Bishops Deanes Archdeacons Chapters and Colleges and the rest of the Cleargie before mentioned of the said Prouince That they from time to time during our first Parliament now prorogued might conferre treate debate consider consult and agree of and vpon such Canons Orders Ordinances and Constitutions as they should thinke necessary fit conuenient for the honour and seruice of Almighty God the good and quiet of the Church and the better gouernement thereof to be from time to time obserued perfourmed fulfilled and kept aswel by the Archbishops of Canterbury the Bishops their Successours and the rest of the whole Clergie of the sayd Prouince of Canterbury in their several Callings Offices Functions Ministeries Degrees and administrations as also by all and euery Deane of the Arches and other Iudge of the sayd Archbishops Courts Gardians of Spiritualties Chancellors Deanes and Chapters Archdeacons Commissaries Officials Registers and all and euery other Ecclesiasticall Officers and their inferiour Ministers whatsoeuer of the same Prouince of Canterburie in their and euery of their distinct Courts and in the order and maner of their and euery of their proceedings and by all other persons mthin this Realme as farre as lawfully being members of the Church it may concerne them as in our sayd Letters Patents amongst other clauses more at large doth appeare Forasmuch as the sayd Bishop of London President of the sayd Conuocation and others the sayd Bishops Deanes Archdeacons Chapters and Colledges with the rest of the Clergie hauing met together at the time and place before mentioned and then and there by vertue of our said authority granted vnto them treated of concluded and agreed vpon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed vnto them and haue thereupon offred and presented the same vnto Vs most humbly desiring Vs to giue our Royal assent vnto their sayd Canons Orders Ordinances and Constitutions according to the forme of a certaine Statute or Acte of Parliament made in that behalfe in the xxv yeere of the Reigne of King Henry the eight and by our sayd Prerogatiue Royall and supreme Authority in causes Ecclesiasticall to ratifie by our Letters Patents vnder our great Seale of England and to confirme the same the title and tenour of them being word for word as ensueth Constitutions and Canons Ecclesiasticall treated vpon by the Bishop of London President of the Conuocation for the Prouince of Canterbury and the rest of the Bishops and Cleargie of the said Prouince and agreed vpon with the Kings Maiesties licence in their Synode begun at London An. Dom. 1603 And in the yeere of the raigne of our Soueraigne Lord Iames by the grace of God King of England France and Ireland the first and of Scotland the 37. ⧠Of the Church of England I. The Kings supremacie ouer the Church of England in causes Ecclesiasticall to be maintained AS our duety to the Kings most Excellent Maiestie requireth wee first decree and ordaine That the Archbishop of Canterbury from time to time all Bishops of this prouince all Deanes Archdeacons Parsons Vicars and all other Ecclesiasticall persons shall faithfully keepe and obserue and as much as in them lieth shall cause to bee obserued and kept of others all and singuler Lawes and statutes made for restoring to the Crowne of this kingdome the ancient Iurisdiction ouer the state Ecclesiastical and abolishing of all forren power-repugnant to the same Furthermore al Ecclesiastical
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 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 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 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 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 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 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 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
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 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 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 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 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 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 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