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knowledge that the party deceased was at the time of his death polleffed 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 Registrar 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 fo cited all his costs and charges, and the acts and proceedings in that behalf shall be held void and fruftrate. Which expences, if the said Judge, or Registrar, or Apparitor, shall refuse accordingly to pay, he shall be suspended from the exercise of his office, until he yield to the performance thereof.
94. None to be cited into the Arches or Audience, but Dwellers
within the Archbishop's Diocese, or Peculiars. N.
O Dean of the Arches, nor Official of the Archbi.
shop'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, fummon, or any way compel, or procure to be cited, fummoned, or compelled, any person which dwelleth not within the particular diocese or peculiar of the said Archbishop, to appear before him or any of them, for any cause or matter whatsoever belonging to ecclefiaftical cognizance, without the licence of the Diocefan first had and obtained in that behalf, other than in such particular cases only as are expressly excepted and referved in and by a statute Anno 23. H. VIII. cap. 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.
95. The Restraint 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 fufficiency and qualities
of every Minister, after he hath been presented unto him to be instituted into any benefice ; yet, for the avoiding of fome 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 Thall hereafter be granted out of any of the Archbishop's courts at the suit of any Minister whosoever, except he Thall first take his personal oath, that the faid eight and twenty days at the least are expired, after he first tendered his presentation to the Bishop, and that he refused to grant him inftitution thereupon ; or fhall enter bonds with fufficient fureties to prove the same to be true ; under pain of suspension of the granter thereof from the execution of his office for half a year toties quoties, (to be denounced by the faid Archbishop,) and nullity of the double quarrel aforesaid, fo 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 faid party before presented, fub pena nullitatis.
96. Inhibitions not to be granted without the subscription of an
jurifdictions 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 provifion be made, that henceforward they be not grieved with frivolous and wrongful fuits and moleftations; it is ordained and provided, That no inhibition shall be granta ed out of any court belonging to the Archbishop of Canterbury, at the instance of any party, unless it be subfcribed by an Advocate practising in the said court : which the faid Advocate shall do freely, not taking any fee for the fame, 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 jurifdiion : 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.
97. Inbibitions not to be granted until the Appeal be. exhi
bited to the Judge. IT is further ordered and decreed, That henceforward I 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 cãuse 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, shew and exhibit to the Judge, or his Surrogate, in writing, a true copy of those acts wherewith he complaineth himlelf 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 hands of the Registrar in the country, or his Deputy, tendering him his fee. And if any Judge or Registrar 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 ont 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. 98. Inbibitions not to be granted to factious Appellants, un
less they first subscribe. FORASMUCH as they who break the laws cannot in
reason claim any benefit or protection by the fame; 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 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 ;
quem, shali and do likewise subscribe to the three Articles formerly by us specified and declared.
99. None to marry within the Degrees probibited. . TO person shall marry within the degrees prohibited
by the laws of God, and expressed in a Table fet 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 diffolved 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. 100. None to marry under Twenty one Years, without their
Parents' confent. NO
o 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. 101. By whom Licences to marry without Banns jball be
granted, and to what fort of Persons. NO O 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 ecclefiaftical 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 feveral jurisdictions respectively, and unto such persons only, as be of good state and quality, and that upon good caution and security taken. 102. Security to be taken at the granting of such Licences,
and under what Conditions. THE 'HE security mentioned shall contain these conditions ;
First, That, at the time of the granting every such licence, there is not any impediment of precontract, consanguinity, affinity, or other lawful cause to hinder the said marriage. Secondly, That there is not any contro
verly versy or suit depending in any court before any Ecclefiastical 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.
103. Oaths to be taken for the Conditions. FOR
OR the avoiding of all fraud and collusion in the ob
taining of such licences and dispensations, we further conftitute 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 fufficient witnesses, one of them to be known either to the Judge himfelf, or to some other person of good reputation then present, and known likewise to the laid 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 let or impediment of precontract, kindred, or alliance, or of any other lawful cause whatsoever, nor any fuit commenced in any Ecclesiastical Court, to bar or hinder the proceeding of the said matrimony, according to the tenure of the forefaid licence.
104. An Exception for those that are in Widowhood. IF both the parties which are to marry being in widow
hood do seek a faculty for the forbearing of banns, then the clauses before mentioned, requiring the parents' confents, may be omitted ; but the parishes where they dwell, both 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 faid Ordinaries, shall offend in the premises, or any part thereof, he shall, for every time fo offending, be suspended from the execution of his office for the space of fix 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.