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the next Sunday following, in the time of Divine Service. And the faid Clerk shall be of twenty years of age at the least, and known to the faid Parson, Vicar, or Minister, to be of honest converfation, and sussicient for his reading, writing, and also for his competent skill in singing, ifit may be. And the faid Clerks so chosen shall have and receive their ancient wagesj without fraud or diminution, either at the hands of the Church-wardens* at fuch times as hath been accustomed, or by their own collection, according to the most ancient custom of every parish.
Ecclesiastical Courts belonging to the Archbishop's Jurisdiction.
o2. None to he cited into divers Courts for Probate of the fame
"C'ORASMUCH as many heretofore have been by Appa-■. ritors both of inserior courts, and of the courts of the Archbishop's Prerogative, much distracted, and diversely called and summoned for probate of wills, or to take administrations of the goods of persons dying intestate, and are thereby vexed and grieved with many causeless and unneceffary troubles, molestations, and expene'es; we constitute and appoint, That all Chancellors, Commiffaries, or Officials, or any other exercising ecclesiastical jurisdiction whatsoever, shall at the sirst charge with an oath all persons called or voluntarily appearing before them for the probate of any will, or the administration of any goods, whether they know, or (moved by any special inducement) do sirmly believe, that the party 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 diocese or dioceses, or peculiar jurisdiction within that province, than in that wherein the faid party died, amounting to the value of sive pounds. And if the faid person cited, or voluntarily appearing before him, shall upon his oath assirm, that he knoweth, or (as aforefaid) sirmly believeth, that the faid party deceased had goods or good debts in any other diocese or dioceses, or peculiar jurisdiction within the faid province, to the value aforefaid, and particularly specify and declare the fame j then shall he presently dismiss him, not presuming to intermeddle with the probate pf the faid will, or to grant ad
o o ministration ministration of the goods of the party so dying intestate; neither shall he require or exact any other charges of the faid parties, more than such only as are due for the citation, and other process had and used against the faid parties upon their further contumacy; but (hall openly and plainly declare and prosess, that the faid cause Delongeth to the Prerogative of the Archbishop of that province; willing and admonishing the party to prove the faid will, or require administration of the faid goods in the court of the faid Prerogative, and to exhibit before him the faid Judge the probate or administration under the seal of the Prerogative, within forty days next following. And if any Chancellor, Commissary, Ossicial, or other exercising ecclesiastical jurisdiction whatsoever, or any their Registrar, shall offend herein, let him be ifjo faho suspended from the execution of his ossice, not to be absolved or released, until he have restored to the party all expences by him laid out contrary to the tenor of the premiffes; and every such probate of any testament, or administration of goods so granted, shall be held void and frustrate to all effects of the law whatsoever.
Furthermore, we charge and enjoin, That the Registrar of every inserior Judge do, without all dissiculty or delay, certify and inform the Apparitor of the Prerogative Court, repairing unto him once a month, and no oftener, what executors or administrators have been by his faid Judge, for the incompeteucy of his own jurisdiction, dismiffed to the faid Prerogative Court within the month next before, underpairi of a month's suspension from the exercise of his ossice for every default therein. Provided, that this Canon, or any thing therein contained, be not prejudicial to any composition between the Archbishop and any Bishop or other Ordinary, nor to any inserior Judge that shall grant any probate of testament, or administration of goods, to any party that shall voluntarily desire it, both out of the faid inserior court, and also out of the Prerogative. Provided likewise, that if any man die in itineri, the goods that he hath about him at that present shall not cause his testament or administration to be liable unto the Prerogative Court.
93. The Rate of Bona notabilia liable to the Prerogative
. TJMJRTHERMORE, we decree and ordain, That no Judge of the Archbishop's Prerogative shall hencesor. >vard cite, or cause to be cited, ex officio, any person whaf..: _ soever soever to any of the aforefaid intents, unless he have knowledge that the party deceased was at the time of his death posseffed of goods and chattels in some other diocese or dioceses, or peculiar jurisdiction within that province, than in that wherein he died, amounting to the value of sive pounds at the least; decreeing and declaring, that whoso hath not goods in divers dioceses to the laid sura or value shall not be accounted to have Bonn notabilia. Always provided, That this clause, here and in the former Constitution mentioned, shall not prejudice those dioceses, where by compolition or custom Bonn notabilia are rated at a greater sum. And if any Judge of the Prerogative Court, or any his Surrogate, or his Registrar or Apparitor, shall cite, or cause any person to be cited into his court, contrary to the tenor of the premiffes, he shall restore to the party so cited all his costs and charges, and the acts and proceedings in that behalf shall be held void and frustrate. Which expences, if the faid Judge, or Registrar, or Apparitor, shall refuse accordingly to pay, he shall be suspended from the exercise of his ossice, until he yield to the performance thereof.
94. None to he cited into the Arches or Audience, but Dwellers . ivithin the Archbishop's Diocese, or Peculiars.
NO Dean of the Arches, nor Ossicial of the Archbishop's Consistory, nor any Judge 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 compel, or procure to be cited, summoned, or compelled, any person which dwelleth not within the particular diocese or peculiar of the faid Archbishop, to appear before him or any of them, for any cause or matter whatsoever belonging to ecclesiastical cognizance, without the licence of the Diocefan sirst had and obtained in that behalf, other than in such particular cases only as are expressly excepted and reserved in and by a statute Anno 23. H. 8. cap. 9. And if any of the faid Judges shall offend herein, he shall for every such offence be suspended from the exercise of his ossice for the space of three whole months.
95. The Rejlraint of double Quarrels.
ALBEIT by former Constitutions of the Church of England, every Bishop hath had two months space to enquire and inform himself of the sussiciency and qualities
o o a of of every Minister, after he hath been presented unto him to be instituted into any benesice ; yet, for the avoiding of some inconveniences, we do now abridge and reduce the faid two months unto eight and twenty days only. In respect of which abridgment we do ordain and appoint, that no double quarrel (hall hereafter be granted out of any of the Archbishop's courts at the suit of any Minister whosoever, except he shall sirst take his personal oath, thru the faid eight and twenty days at the least are expired, after he sirst tendered his presentation to the Bishop, and that he refused to grant him institution thereupon; or shall enter bonds with sussicient sureties to prove the fame to be true; under pain of suspension of the granter thereof from the execution of his ossice for half a year toties auof.ii, (to be denounced by the faid Archbishop) and nullity of the double quarrel aforefaid, so unduly procured, to all intents and purposes whatsoever. Always provided, that within the faid eight and twenty days the Bishop shall not institute any other to the prejudice of the faid party before presented, sub fœna nullitatis.
C)Ci. Inhibitions not to he granted without the subscription esan Advocate.
THAT the jurisdictions of Bishops maybe preserved (as near as may be) intire and free from prejudice, and that for the behoof of the fubjects of this land better provision be made, that hencesorward they be not grieved with frivolous and wrongful suits and molestations; it is ordained and provided, shat no inhibition shall be granted out of any court belonging to the Archbishop of Canterbury, at the instance of any party, unless it be subscribed by an Advocate practising in the faid court i which the faid Advocate shall do freely, not taking any see for the fame, except the party prosecuting the suit do voluntarily bestow some gratuity upon him tor his counsel and advice in the faid cause. The like course shall be used in granting forth any inhibition, at the instance of any party, by the Bishop or his Chancellor, against the Archdeacon, or any other person exercising ecclesiastical jurisdiction: and if in the court or consistory of any Bishop there be no Advocate at all, then shall the fubscription of a Proctor practising in the fame court be held fufsicient.
57. Inhibitions not to he granted until the Appeal he exhibited to the Judge.
TT is further ordered and decreed, That henceforward .*- no inhibition be granted by occasion of any interlocutory decree, or in any cause of correction whatsoever, except under the form aforefaid': and moreover, That before the going out of any such inhibition, the appeal itself, or a copy thereof (avouched by oath to be just and true) be exhibited to the Judge, or his lawful Surrogate, whereby he may be fully informed both of the quality of the crime, and of the cause of the grievance, before the granting forth of the faid inhibition. And every Appellant, or his lawful Proctor, shall, before the obtaining of any such inhibition, shew and exhibit to the judge, or his Surrogate, in writing, a true copy of thole acts wherewith he complaineth himself to be aggrieved, and from which he appealeth; or shall take a corporal oath, that he hath performed his diligence and true endeavour for the obtaining of the fame, and could not obtain it at the hand* of the Registrar in the country, or his Deputy, tendering him his see. And if any Judge or Registrar shall either procure or permit any inhibition to be scaled, so as is faid, contrary to the form and limitation above specisied, let him be suspended from the execution of his ossice for the space of three months: if any Proctor, or other person whatsoever by his appointment, shall offend in any of the premiffes, either by making or sending out any inhibition, contrary to the tenor of the faid premiffes, let him be removed from the exercise of his ossice for the space of a whole year, without hope of release or restoring.
98. Inhibitions not to he granted to faclious Appellants, unless they firjl subscrihe.
FORASMUCH as they who break the laws cannot ia reason claim any benesit or protection by the fame; we decree and appoint, That after any Judge Ecclesiastic cal hath proceeded judicially against obstinate and factious persons, and contemners of ceremonies, for not observing the rites and orders of the Church of England, or for contempt of public prayer, no Judge, ad quem, shall admit or allow any his or their appeals, unless, he having sirst seen the original appeal, the party appellant do sirst personally promise and avow, that he will faithfully keep and observe all the rites and ceremonies of the Church of England, as also the prescript form of Common Prayer;