knowledge that the party deceased was at the time of his death poffeffed of goods and chattels in fome other diocefe or diocefes, or peculiar jurifdiction within that province, than in that wherein he died, amounting to the value of five pounds at the leaft; decreeing and declaring, that whofo hath not goods in divers diocefes to the faid fum or value fhall not be accounted to have Bona notabilia. Always provided, That this claufe, here and in the former Conftitution mentioned, fhall not prejudice thofe diocefes, where by compofition or cuftom Bona notabilia are rated at a greater fum. And if any Judge of the Prerogative Court, or any his Surrogate, or his Regiftrar or Apparitor, fhall cite, or caufe any perfon to be cited into his court, contrary to the tenor of the premises, he fhall reftore to the party fo cited all his cofts and charges, and the acts and proceedings in that behalf fhall be held void and fruftrate. Which expences, if the faid Judge, or Regiftrar, or Apparitor, fhall refufe accordingly to pay, he fhall be fufpended 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.

No

[O Dean of the Arches, nor Official of the Archbifhop's Confiftory, nor any Judge of the Audience, fhall henceforward in his own name, or in the name of the Archbishop, either ex officio, or at the inftance of any party, originally cite, fummon, or any way compel, or procure to be cited, fummoned, or compelled, any perfon which dwelleth not within the particular diocefe or peculiar of the faid Archbishop, to appear before him or any of them, for any caufe or matter whatsoever belonging to ecclefiaftical cognizance, without the licence of the Diocefan firft had and obtained in that behalf, other than in fuch particular cafes only as are exprefsly excepted and referved in and by a ftatute Anno 23. H. VIII. cap. 9. And if any of the faid Judges fhall offend herein, he thall for every fuch offence be fufpended from the exercise of his office for the space of three whole months.

95. The Refraint of double Quarrels.

A1
LBEIT by former Conftitutions of the Church of
England, every Bishop hath had two months fpace to
enquire and inform himself of the fufficiency and qualities

of

of every Minifter, after he hath been presented unto him to be inftituted 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 refpect 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 fuit of any Minifter whofoever, except he fhall first take his perfonal oath, that the faid eight and twenty days at the leaft are expired, after he firft 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 fame to be true; under pain of fufpenfion 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 aforefaid, fo unduly procured, to all intents and purposes whatsoever. Always provided, that within the faid eight and twenty days the Bifhop fhall not inftitute any other to the prejudice of the faid party before presented, fub pœna nullitatis.

96. Inhibitions not to be granted without the fubfcription of an

THAT

Advocate.

HAT the jurifdictions of Bifhops may be preferved (as near as may be) entire and free from prejudice, and that for the behoof of the fubjects 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 fhall be granted out of any court belonging to the Archbishop of Canterbury, at the inftance of any party, unless it be subfcribed by an Advocate practifing in the faid court: which the faid Advocate fhall do freely, not taking any fee for the fame, except the party profecuting the fuit do voluntarily beftow fome gratuity upon him for his counfel and advice in the faid caufe. The like courfe fhall be ufed in granting forth any inhibition, at the inftance of any party, by the Bifhop or his Chancellor, against the Archdeacon, or any other perfon exercifing ecclefiaftical jurifdiction and if in the court or confiftory of any Bishop there be no Advocate at all, then fhall the fubfcrip tion of a Proctor practising in the fame court be held fufficient.

97. Inbibitions not to be granted until the Appeal be exhibited to the Judge.

T is further ordered and decreed, That henceforward no inhibition be granted by occafion of any interlocutory decree, or in any caufe of correction whatsoever, except under the form aforefaid; and moreover, That before the going out of any fuch inhibition, the appeal itself, or a copy thereof, (avouched by oath to be juft 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, fhall, before the obtaining of any fuch inhibition, fhew and exhibit to the Judge, or his Surrogate, in writing, a true copy of thofe acts wherewith he complaineth himfelf to be aggrieved, and from which he appealeth; or fhall 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 fhall either procure or permit any inhibition to be fealed, fo as is faid, contrary to the form and limitation above fpecified, let him be fufpended from the execution of his office for the fpace of three months: if any Proctor, or other perfon whatsoever by his appointment, fhall offend in any of the premises, either by making or fending out any inhibition, contrary to the tenor of the faid premifes, let him be removed from the exercife of his office for the space of a whole year, without hope of release or reftoring.

98. Inhibitions not to be granted to factious Appellants, unlefs they firft fubfcribe.

FORASMUCH as they who break the laws cannot in reafon claim any benefit or protection by the fame; we decree and appoint, That after any Judge Ecclefiaftical hath proceeded judicially against obftinate and factious perfons, and contemners of ceremonies, for not obferving the rites and orders of the Church of England, or for contempt of public prayer, no Judge, ad quem, fhall admit or allow any his or their appeals, unless, he having first feen the original appeal, the party appellant do firft perfonally promise and avow, that he will faithfully keep and obferve all the rites and ceremonies of the Church of England, as also the prefcript form of Common Prayer ;

and

and do likewife fubfcribe to the three Articles formerly by us fpecified and declared.

No

99. None to marry within the Degrees prohibited.

O perfon fhall marry within the degrees prohibited by the laws of God, and expreffed in a Table set forth by authority in the year of our Lord God 1563. And all marriages fo made and contracted fhall be adjudged incestuous and unlawful, and confequently shall be diffolved as void from the beginning, and the parties fo married fhall by course of law be feparated. And the aforefaid Table fhall 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 fhall contract themselves, or marry, without the confent of their parents, or of their guardians and governors, if their parents be deceased.

101. By whom Licences to marry without Banns shall be granted, and to what fort of Perfons.

No faculty or licence (hall be henceforth granted for folemnization of Matrimony betwixt any parties, without thrice open publication of the banns, according to the Book of Common Prayer, by any perfon exercifing any ecclefiaftical jurifdiction, or claiming any privileges in the right of their Churches; but the fame fhall be granted only by fuch as have epifcopal authority, or the Commiffary for faculties, Vicars General of the Archbifhops and Bishops, fede plena; or, fede vacante, the Guar dian of the Spiritualities, or Ordinaries exercifing of right epifcopal jurifdiction in their feveral jurifdictions refpectively, and unto fuch perfons only, as be of good state and quality, and that upon good caution and fecurity taken.

102. Security to be taken at the granting of fuch Licences, and under what Conditions.

THE HE fecurity mentioned fhall contain these conditions: First, That, at the time of the granting every fuch licence, there is not any impediment of precontract, confanguinity, affinity, or other lawful caufe to hinder the faid marriage. Secondly, That there is not any contro

F3

verly

verfy or fuit depending in any court before any Ecclefiaftical Judge, touching any contract or marriage of either of the faid parties with any other. Thirdly, That they have obtained thereunto the exprefs confent of their pa rents, (if they be living,) or otherwife of their guardians or governors. Laftly, That they fhall celebrate the faid 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 the avoiding of all fraud and collufion in the obtaining of fuch licences and difpenfations, 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 witneffes, one of them to be known either to the Judge himfelf, or to fome other person of good reputation then prefent, and known likewife to the faid 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 fwear, that he believeth there is no let or impediment of precontract, kindred, or alliance, or of any other lawful caufe whatsoever, nor any fuit commenced in any Ecclefiaftical Court, to bar or hinder the proceeding of the faid matrimony, according to the tenure of the forefaid licence.

IF

104. An Exception for thofe that are in Widowhood.

F both the parties which are to marry being in widowhood do feek 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 fhall be expreffed in the licence, as also the parifh named where the marriage fhall be celebrated. And if any Commiflary for faculties, Vicars General, or other the faid Ordinaries, fhall offend in the premises, or any part thereof, he fhall, for every time fo offending, be fufpended from the execution of his office for the space of fix months; and every fuch licence or difpenfation fhall be held void to all effects and purposes, as if there had never been any fuch granted; and the parties marrying by virtue thereof fhall be fubject to the punishments which are appointed for clandeftine marriages.