II

CONSTITUTIONAL DOCUMENTS

ORDERS OF 1593

(Caius College MSS. Cambridge, 103, f. 173. Cotton MSS. Cleopatra, F, II, f. 204.)1

Orders agreed upon by the Archbishop of Canterburie and the Bishops of ytt Province by them, or (a) such as are under them to be observed, for the better executing of the Lawes established, and avoydinge of sundrye offence. (b)

Ministers

1. First whereas there is fault found with the number of wanderinge and insufficient mynisters. It is thought fytt that none alreadye made be admytted to any Cure hereafter without diligent examynacon of the Bishop for his Learning and without substantiall testimoniall of his good life and behavior: whereof a Recorde to be kept in the Registerie. And that none betweene this and the next Parliament be admytted to the mynistrie except he shall be a Bachelor of Arte (c) at the Least of one of the Universities of this Realme.

Mariages

2. That in (d) the fourme alreadie devised for lycences of mariage by the L: archb: it is added, That all mariages be solemnized in the parishe Church of one of the parties betweene the hower (e) of vii and xii of the clocke in the forenoone by the mynister 1 The reading of Cotton MSS. are given: (a) "and": (b) "'offences': (c) "Artes": (d) omits

"in": (e) "howres": (f) "the": (g) "other": (h) "the."'

of the same Parishe. And that all other Bishops of this (f) Province shall followe the same forme.

Consent of Parents, etc.

3. It is convenient that the consent of the parents and the (g) gouernors be had in writinge of such yonge persons to be maryed, as be under the age of xxi yeares, and that allso with the consent of the Bishop of the Dioces. And if the persons to be maryed be aboue that age, it is sufficientlie provided alreadie by the Bond that is now used.

Citation Viis Et Modis

4. The Citation viis et modis not to be awarded in any cause without a primarie citation first had, and returned before. And that in causes of office, The Citation viis et modis be upon some Sondaye or Holiedaye affixed upon the doare of the parishe churche or chappell a lytle before the beginning of divine service, or at some other time upon the doare of the usual house where the partie to be cited doth dwell with his familie. The same citation, or a true copie thereof to be left there during the tyme of divine service, or some good parte thereof.

Citation ex Officio

5. And that in cases of Office, the Mynister in the time of the most frequencie of the people shall signifie publicquely, that the partie is by authoritie of such a Judge, summoned and warned to appeare, in suche place and at suche tyme, as is contayned in the same citation. And that their (h) Apparitor shall returne the said Citation endorsed with the ministers Certificate of the execution thereof. which if the mynister shall wilfullie refuse to doe, then the saide mynister to be commaunded sub poena Juris to doe it, or else to appeare forthwith before the Ordinarie.

Excommunication

6. That at the tyme of the denunciation of any excommunication, warninge be geven publiquelie by the Minister, that all men

doe abstayne from the companie of such excommunicate person, under payne of excommunication themselves.

Table of Fees

7. That the Table conteyninge the particular fees of euery office, be placed in the Consistorie, and Registerie in suche sort, as every suiter maye convenientlie viewe and reade the same. And that euerye Bishopp geve Streite charge to suche as are under him not to take any other ffees then are sett down in the saide Table.

Orders and Lycences

8. That Ordenaries take carefull heede in orderinge deacons and Mynisters, and in admytting to benefices and in lycencinge to preach or teache suche persons onelie as shall geve good declaracon of theire conformitie and consent to the Religion and orders of the Church of England nowe established.

Absolution of the Poore ex Officio

9. That in matters of mere office for th' avoydinge of the offence that is conceyved by the multitude of poore persons formerly excommunicated, it may be observed by euery ordinarie and Judge ecclesiastical exercysing Jurisdiction, that suche poore persons as nowe stand excommunicated and shalbe certyfied by the minister, Churchwardens and Sydemen of any particular parishe to be unable through pouertie to paye theire fees, and which shall shewe theire conformitie in appearinge or satisfyinge the order of the Courte (for breache whereof they stand excommunicate) shalbe absolued with out payinge any fees.

A NOTE OF DIVERSE THINGES CONSIDERABLE ABOUT THE EXECUTION OF THE LATE CANONS, ETC.

(Cotton MSS. Cleopatra, F, II, f. 201.)

I

About thadmitting of ministers. Cap. I.

(1) The Church is greved with manie wanderinge and insufficient Ministers, therefore it is requisite that more care be had of the canon in that behalf.

(2) It is thought meet that accordinge to the Canon the names and qualities of all the ministers ordeyned or instituted be everie yeare dulie transmitted to the Archbushopp, and therewithall a note of their subscriptions to the Articles under the Bishopps hand. (3) Item that the booke of ordination of ministers be duelie obserued and namelie in the presentinge and examininge of the parties to be ordeyned by the Archdeacons or their deputies, which is omitted in manie places, and maye breed some inconvenience to the parties ordayned.

II

Commutation of penaunce. Cap. II

It is thought that the order for commutation is not dulie obserued in diverse places.

III

Licenses to Marrie. Cap. III

(1) It is wished that one forme of condition be nowe agreed upon and obserued in all bondes for marriages without Bannes, accordinge to the Cautions sett downe in the Canon and that these wordes, publice ac tempestiue in facie ecclie may be interpreted (in the Church at the usual tyme of divine service.

(2) Item. That great care be had of the surties, that they be able, honest and knowen sufficient men.

(3) Item that noe license be graunted to anie child or servant without the expresse consent first had of the maisters, parentes or gouernors in writing, sufficientlie testified, under their and the ministers hand of the parishe.

IV

Excommunication. Cap. IV

(1) ffor amendment of hastie excommunication, It is wished that the course of lawe be dulie obserued in the execution of the processe, viz. ffirst that noe Citacon vijs et modis, be awarded unlesse a primarie hath gone before, and that the Apparitor doe make fayth before the Judges in open Court, that he hath faythfullie and diligentlie sought the partie.

(2) Item, that the Citation (vijs et modis) be solemlie affixed

upon the dore of the parishe churche or Chapell where the parties dwelling or most usuall aboade is, duringe all the tyme of morneinge or eveninge prayer, upon some sundaye or holliedaye.

(3) Item that the minister in the tyme of the most frequence of the people there, shall signifie publiquelie, that the partie is by aucthoritie of such a Judge sommoned and warned to appear in such a place and at such a tyme as is conteyned in the said CitaAnd the Apparitor shall returne the said Citacon indorsed with the ministers certificate of the execution thereof in forme aforesaid.

con upon paine, etc.

(4)

Item. it is to be considered, whether it be not also meete, that the Iudge doe expect some one court daye after the returne of this Certificate, before he doe excommunicate the partie for not appearinge.

(5) ffor avoydinge of the offence that groweth by the multitude of poore persons, that now stand excommunicated beinge not able to paye the fees, ye may please your LLs: to consider,' whether it be not meete to take order ymediatelie after the ende of this Parliament, that such as by certificate of the ministers, Church-wardens and sidemen are found to be soe poore, as that they doe lyve upon the releefe of the parishe, and stand excommunicate onelie for not appearinge, or not payeinge fees, shall upon such certificate and their apparance be forthwith absolued without anie fees payeinge. And yf they stand excommunicate for not doeinge penaunce, or not satisfyinge the order of the Judge, then in case they shall doe their penaunce, and satisfie the order, and certifie the same ymediately upon such certificate they shalbe absolued without anie fees.

(6) Item that yf anie such persons doe hereafter thorough their wilfull obstinacie deserue to be excommunicated warninge be geuen publiquelie by the minister at the denunciation of their excommunication, that all men doe absteyne from their companie, (sub pena Iuris) that thereby they maye be kept in better obedience.

(7) Item yt is thought consonant to the Canon and reason that the minister to be associated with the laye Judge, for pronoun

1 This may be a petition or list of suggestions drawn up by the Lower House of Convocation, or possibly a

report of a committee of bishops to the House of Bishops.