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XCIII.- The Rate of Bona Notabilia liable to the Prerogative Court..
Furthermore, we decree and ordain, that no Judge of the Archbishop's prerogative shall henceforward cite, or cause to be cited ex officio any person whatsoever to any of the aforesaid intents, unless he have knowledge that the party deceased was at the time of his death possessed 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 five pounds at the least : decreeing and declaring, that whoso hath not goods in divers Dioceses to the said sum or value, shall not be accounted to have bona notabilia. Always provided, That this clause here, and in the former Constitution mentioned, shall not prejudice those Dioceses where by composition or custom bona notabilia are rated at a greater sum. And if any Judge of the Prerogative 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 premises, 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 ex. penses if the said Judge or Register or Apparitor shall refuse accordingly to pay, he shall be suspended from the exercise of his office until he yield to the performance thereof.
XCIV.-None to be Cited into the Arches or Audience, but dwellers within
the Archbishop's Diocese or Peculiars. No Dean of the Arches, nor Official 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 said Archbishop, to appear before him
any of them for any cause or matter whatsoever belonging to ecclesiastical cognizance, without the licence of the Diocesan first 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 Hen. VIII. cap. 9.
9. And if any of the said Judges shall offend herein, he shall for every such offence be suspended from the exercise of his office, for the space of three whole months.
XCV.- The Restraint of Double Quarrels. Albeit by former Constitutions of the Church of England, every Bishop hath had two months' space to inquire and inform himself of the suffi. ciency and qualities of every Minister, after he hath been presented unto him to be instituted into any Benefice : yet for the avoiding of somie inconveniences, we do now abridge and reduce the said two months unto eight-and-twenty days only. In respect of which abridgment, we do ordain and appoint, that no double Quarrel shall hereafter be granted out of any of the Archbishop's Courts at the suit of any Minister whosoever, except he shall first take his personal oath, that the said eight-andtwenty days, 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 prove the same to be true, under pain of suspension of the grantor thereof from the exe
cution of his office, for half a year toties quoties to be denounced by the said Archbishop, and nullity of the double Quarrel aforesaid, so unduly procured, to all intents and purposes whatsoever. Always provided, that within the said eight-and-twenty days, the Bishop shall not institute any other to the prejudice of the said party before presented, sub pæna nullitatis.
XCVI.-Inhibitions not to be granted without the subscription of an
Advocate. That the jurisdictions of Bishops may be preserved (as near as may be) entire and free from prejudice, and that for the behoof of the subjects of this land, better provision be made that henceforward they be not grieved with frivolous and wrongful suits and molestations : It is ordained and provided that 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 said court: which the said advocate shall do freely, not taking any fee for the same, except the party prosecuting the suit, do voluntarily bestow some gratuity upon him for his counsel and advice in the said 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 subscription of a proctor practising in the same Court be held sufficient.
XCVII.-Inhibition not to be granted until the Appeal be exhibited to
the Judge. It 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 aforesaid : 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 said Inhibition. And every Appellant or his lawful Proctor shall before the obtaining of any such Inhibition, show and exhibit to the Judge or his Surrogate in writing, a true copy of those 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 same, and could not obtain it at the hands of the Register in the country, or his deputy, tendering him his fee. And if any Judge or Register shall either procure or permit any Inhibition to be sealed, so as is said, contrary to the form and limitation above specified, let him be suspended from the execution of his office, for the space of three months: if any Proctor, or other person whatsoever by his appointment, shall offend in any of the premises, either by making or sending out any Inhibition, contrary to the tenor of the said premises, let him be removed from the exercise of his office, for the space of a whole year without hope of release or restoring.
XCVIII.-Inhibitions not to be granted to factious Appellants, unless they
first subscribe. Forasmuch as they who break the laws cannot in reason claim any benefit or protection by the same: We decree and appoint, That after any Judge ecclesiastical 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 first seen the original appeal, the party appellant do first 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, and do likewise subscribe to the three Articles formerly by us specified and declared.
XCIX.—None to marry within the Degrees prohibited. No person shall marry within the degrees prohibited by the laws of God, and expressed in a table set forth by authority in the year of our Lord God 1563 ; and all marriages so made and contracted, shall be adjudged incestuous and unlawful, and consequently shall be dissolved as void from the beginning, and the parties so married shall by course of law be separated. And the aforesaid table shall be in every Church publicly set up and fixed at the charge of the parish. C.-None to marry under Twenty-one years, without their Parents' consent.
No children under the age of one and twenty years complete, shall contract themselves or marry without the consent of their parents, or of their guardians and governors, if their parents be deceased.
CI.-By whom Licences to marry without Banns shall be granted, and
to what sort of persons. No faculty or licence shall be henceforth granted for solemnization of matrimony betwixt any parties, without thrice open publication of the banns according to the Book of Common Prayer, by any person exercising any ecclesiastical jurisdiction, or claiming any privileges in the right of their Churches; but the same shall be granted only by such as have episcopal authority, or the Commissary for Faculties, Vicars-general of the Archbishops and Bishops sede plena, or sede vacante, the guardian of the Spiritualities, or Ordinaries exercising of right episcopal jurisdiction in their several jurisdictions respectively, and unto such persons only as be of good state and quality, and that upon good caution and security taken. CII.-Security to be taken at the granting of such Licences, and under
what Conditions. The Security mentioned shall contain these conditions: First, that at the time of the granting every such licence, there is not any impediment, of pre-contract, consanguinity, affinity, or other lawful causes to hinder the said marriage. Secondly, that there is not any controversy or suit depending in any Court before any ecclesiastical Judge touching any contract or marriage of either of the said parties with any other. Thirdly, that they have obtained thereunto the express consent of their parents (if they be living) or otherwise of their guardians or governors. Lastly, that they shall celebrate the said matrimony publicly in the parish church or chapel where one of them dwelleth, and in no other place, and that between the hours of eight and twelve in the forenoon.
CIII.- Oaths to be taken for the Conditions. For the avoiding of all fraud and collusion in the obtaining of such licences and dispensations: We further constitute and appoint, That before any licence for the celebration of matrimony, without publication of banns be had or granted, it shall appear to the Judge by the oaths of two sufficient witnesses, one of them to be known either to the Judge himself, or to some other person of good reputation then present, and known likewise to the said Judge, that the express consent of the parents or parent, if one be dead, or guardians or guardian of the parties is thereunto had and obtained. And furthermore, that one of the parties personally swear, that he believeth there is no iet or impediment of precontract, kindred, or alliance, or of any other lawful cause whatsoever, nor any suit commenced in any ecclesiastical court, to bar or hinder the proceeding of the said matrimony, according to the tenor of the aforesaid licence.
CIV.-An Exception for those that are in Widowhood. If both the parties which are to marry, being in widowhood, do seek a faculty for the forbearing of banns, then the causes before-mentioned requiring the parents' consents, may be omitted; but the parishes where they both dwell shall be expressed in the licence, as also the parish named where the marriage shall be celebrated. And if any Commissary for faculties, Vicars-general, or other the said Ordinaries shall offend in the premises, or any part thereof, he shall for every time so offending, be suspended from the execution of his office for the space of six months ; and every such licence or dispensation shall be held void to all effects and purposes, as if there had never been any such granted, and the parties marrying by virtue thereof, shall be subject to the punishments which are appointed for clandestine marriages. CV.—No Sentence for Divorce to be given upon the sole confession of the
parties. Forasmuch as matrimonial causes have been always reckoned and reputed amongst the weightiest, and therefore require the greater caution when they come to be handled and debated in judgment, especially in causes wherein matrimony having been in the church duly solemnized, is required upon any suggestion or pretext whatsoever to be dissolved or annulled: We do straitly charge and enjoin, that in all proceedings to divorce and nullities of matrimony, good circumspection and advice be used; and that the truth may (as far as is possible) be sifted out by the deposition of witnesses, and other lawful proofs and evictions, and that credit be not given to the sole confession of the parties themselves, howsoever taken upon oath either within or without the court.
CVI.—No Sentence for Divorce to be given but in open Court. No sentence shall be given either for separation a thoro et mensa, or for annulling of pretended matrimony, but in open court, and in the seat of justice, and that with the knowledge and consent either of the Archbishop within his Province, or of the Bishop within his Diocese, or of the Dean of the Arches, the Judge of the Audience of Canterbury, or of the Vicars-general, or other principal officials, or sede vacante of the Guardians of the Spiritualities, or other Ordinaries to whom of right it appertaineth, in their several jurisdictions and courts, and concerning them only that are then dwelling under their jurisdictions. CVII.-In all Sentences for Divorce, Bond to be taken for not marrying
during each other's life. In all sentences pronounced only for Divorce and Separation a thoro et mensa, there shall be a caution and restraint inserted in the act of the said sentence, that the parties so separated, shall live chastely and continently ; neither shall they, during each other's life, contract matrimony with other person. And for the better observation of this last clause, the said sentence of Divorce shall not be pronounced, until the party or parties requiring the same, have given good and sufficient caution and security into the court, that they will not any way break or transgress the said restraint or prohibition.
CVIII.-The penalty for Judges offending in the Premises. And if any Judge giving sentence of Divorce or Separation, shall not fully keep and preserve the premises, he shall be by the Archbishop of the Province or by the Bishop of the Diocese, suspended from the ex. ercise of his office for the space of a whole year, and the sentence of Separation so given contrary to the form aforesaid, shall be held void to all intents and purposes of the law, as if it had not at all been given or pronounced.
ECCLESIASTICAL COURTS BELONGING TO THE JURISDICTION OF BISHOPS AND ARCHDEACONS, AND THE PROCEEDINGS IN THEM.
CIX.—Notorious Crimes and Scandals to be certified into Ecclesiastical
Courts by Presentment. If any offend their brethren either by adultery, whoredom, incest or drunkenness, or by swearing, ribaldry, usury, or any other uncleanness and wickedness of life, the Churchwardens or Quest-men and Side-men in their next presentment to their Ordinaries, shall faithfully present and every of the said offenders, to the intent that they and every
of them may be punished by the severity of the laws, according to their deserts ; and such notorious offenders shall not be admitted to the holy Communion till they be reformed.
CX.-Schismatics to be presented. If the Churchwardens, or Quest-men or Assistants, do or shall know any man within their parish or elsewhere, that is a hinderer of the Word of God to be read or sincerely preached, or of the execution of these our Constitutions, or a sautor of any usurped or foreign power by