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Chest; declaring unto them, that whereas heretofore they have been diligent to bestow much substance otherwise than God commanded, upon superstitious uses, now they ought at this time to be much more ready to help the poor and needy, knowing that to relieve the poor is a facrifice which pleaseth God; and that also whatsoever is given for their comfort is given to Christ himself, and is lo accepted of him, that he will mercifully reward the same. The which alms and devotion of the people, the keepers of the keys shall yearly, quarterly, or oftener, (as need requireth,) take out of the Chest, and distribute the same in the presence of most of the parish, or fix of the chief of them, to be truly, and faithfully delivered to their moft poor and needy neighbours.
85. Churches to be kept in sufficient Reparations. THE Church-wardens or Queft-men shall take care and
provide that the Churches be well and sufficiently repaired, and so from time to time kept and maintained, that the windows be well glazed, and that the floors be kept paved, plain, and even, and all things there in such an orderly and decent fort, without duft
, or any thing that may be either noisome or unfeemly, as best becometh the House of God, and is prescribed in an Homily to that effect. The like care they shall take, that the Church-yards be well and sufficiently repaired, fenced, and maintained with walls, rails, or pales, as have been in each place accustomed, at their charges unto whom by law the fame appertaineth: but especially they shall see that in every meeting of the congregation peace be well kept; and that all persons excommunicated, and so de. nounced, be kept out of the Church.
86. Churches to be surveyed, and the Decays certified to the
bigh Commisioners. EY VERY Dean, Dean and Chapter, Archdeacon, and
others which have authority to hold Ecclesiastical Vifitations by compofition, law, or prescription, shall survey the Churches of his or their jurisdi&tion once in every three years in his own person, or cause the same to be done ; and thall from time to time within the said three years - certify the high Commissioners for Causes Ecclefialtical, every year, of such defects in any the faid Churches, as he or they do find to remain unrepaired, and the names and furnames of the parties faulty therein. Upon which certificate, we desire that the said high Commissioners will ex officio mero fend for such parties, and compel them to obey the just and lawful decrees of such Ecclefiaftical Ordinaries, making such certificates.
87. A Terrier of Glebe-lands, and other Posesions belonging
to Churches. E ordain, that the Archbishops, and all Bishops with
in their several dioceses, shall procure as much as in them lieth) that a true note and terrier of all the glebes, lands, meadows, gardens, orchards, houses, stocks, implements, tenements, and portions of tithes lying out of their parishes, (which belong to any Parsonage, or Vicarage, or rural Prebend,) be taken by the view of honest men in every parish, by the appointment of the Bishop, (whereof the Minister to be one,) and be laid up in the Bishop's Registry, there to be for a perpetual memory thereof.
88. Churches not to be profaned. THE THE Church-wardens or Queft-men, and their Al
fistants, shall suffer no plays, feasts, banquets, suppers, church-ales, drinkings, temporal courts, or leets, layjuries, musters, or any other profane usage, to be kept in the Church, Chapel, or Church-yard, neither the bells to be rung superstitiously upon Holy-days or Eves abrogated by the Book of Common Prayer, nor at any other times, without good cause to be allowed by the Minister of the place, and by themselves.
Church-wardens or Quest-inen, and Side-men or
89. The Choice of Church-wardens, and their Account.
be chosen by the joint consent of the Minister and the Parishioners, if it may be; but if they cannot agree upon such a choice, then the Minister shall choose one, and the Parishioners another : and without such a joint or several choice none shall take upon them to be Church
ardens : neither shall they continue any longer than one year in that office, except perhaps they be chosen again in like manner. And all Church-wardens at the end of their year, or within a month after at the most, Mall before the Minister and the Parishioners give up a just account of such money as they have received, and also what particularly they have bestowed in reparations, and otherwise, for the use of the Church. And last of all, going out of their office, they shall truly deliver up to the Parishioners whatsoever money or other things of right belonging to the Church or Parish, which remaineth in their hands, that it may be delivered over by them to the next Church-wardens by bill indented.
90. The Choice of Side-men, and their joint Office withs
or two or three or more discreet persons in every parish, to be chosen for Side-men or Affiftants by the Minister and Parishioners, if they can agree, (otherwise to be appointed by the Ordinary of the diocese,) shall diligently fee that all the Parishioners duly resort to their Church upon all Sundays and Holy-days, and there continue the whole time of Divine Service; and none to walk or to stand idle or talking in the Church, or in the Church-yard, or the Church-porch, during that time. And all such as shall be found lack or negligent in resorting to the Church (having no great or urgent cause of absence) they shall earnestly call upon them; and after due monition, (if they amend not,) they shall present them to the Ordinary of the place. The choice of which persons, viz. Church-wardens or Quest-men, Side-men or Aslistanis, shall be yearly made in Easter-week.
91. Paris-Clerks to be chosen by the Minister. NO O Parish -Clerk upon any vacation shall be chosen,
within the city of London, or elsewhere within the province 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 fhall be fignified by the said Minister, Vicar, or Parson, to the Parishioners the next Sunday following, in the time of Divine Service. And the said Clerk shall be of twenty years of age at
the least, and known to the said Parfon, Vicar, or Minister, to be of honest conversation, and sufficient for his reading, writing, and also for his competent skill-in finging, if it may be. And the said Clerks fo chofen shall have and receive their ancient wages, without fraud or diminution, either at the hands of the Church-wardens, at such 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
92. None to be cited into divers Courts for Probate of the
fame Will. FORASMUCH as many heretofore have been by Appa- ,
ritors both of inferior courts, and of the courts of the Archbishop's Prerogative, much distracted, and diversely called and summoned for probate of wills, or to take admin. istrations of the goods of persons dying inteftate, and are thereby vexed and grieved with many causeless and unnecessary troubles, molestations, and expences; we constitute and appoint, That all Chancellors, Commissaries, or Officials, or any other exercifing ecclefiaftical jurisdiction whatsoever, shall at the first charge with an oath all pera, fons 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 firmly 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 said party died, amounting to the value of five, pounds. And if the said person cited, or voluntarily appearing before him, shall upon his oath affirm, that he knoweth, or (as aforesaid) firmly believeth, that the said party deceased had goods or good debts in any other diocese or dioceses, or peculiar jurisdiction within the said province, to the value aforesaid, and particularly specify and declare the same; then shall be presently dismiss him, not prefuming to inter, meddle with the probate of the said will, or to grant ad, ministration of the goods of the party so dying inteftate ; 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 said parties upon their further contumacy; but shall openly and plainly declare and profess, that the said cause belongeth to the Prerogative of the Archbishop of that province; willing and admonishing the party to prove the said will, or require administration of the said 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, Official, or other exercising ecclefiaftical jurisdiction whatsoever, or any their Regiftrar, shall offend herein, let him be ipso facto suspended from the execution of his office, 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 premises; 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 inferior Judge do, without all difficulty 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 incompetency of his own jurisdiction, dismissed to the faid Prerogative Court within the month next before, under pain of a month's suspension from the exercise of his office 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 inferior Judge that shall grant 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 Prerogative. Provided 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 unto the Prerogative Court.
93. The Rate of Bona notabilia liable to the Prerogative
URTHERMORE, we decree and ordain, That no
Judge of the Archbishop's Prerogative shall henceforward cite, or cause to be cited, ex officio, any person whatfoever to any of the aforesaid intents, unless he have