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 assistants, shall be yearly made in Easter-week.

PARISH-CLERKS.

XCI. Parish-Clerks to be chosen by the minister.

No 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 shall be signified 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 parson, vicar, or minister, to be of honest conversation, and sufficient for his reading, writing, and also for his competent skill in singing, if it may be. And the said clerks so chosen 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 ARCH. BISHOP'S JURISDICTION.

XCII. None to be cited into divers Courts for Probate of the same Will.

Forasmuch as many heretofore have been by apparitors 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 administrations of the goods of persons dying intestate, and are thereby vexed and grieved with many causeless and unnecessary troubles, molestations, and expenses; we constitute and appoint, That all chancellors, commissaries, or officials, or any other exercising ecclesiastical jurisdiction whatsoever, shall at the first charge with an oath all

persons 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 he presently dismiss him, not presuming to intermeddle with the probate of the said will, or to grant administration of the goods of the party so dying intestate; neither shall he require or exact any other charges of the said 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 said prerogative, and to exhibit before him the said 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 ecclesiastical jurisdiction whatsoever, or any their registrar, 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 expenses 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 said judge, for the incompetency of his own jurisdiction, dismissed to the said 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 anything 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 pro

bate 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.

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 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 so cited all his costs and charges, and the acts and proceedings in that behalf shall be held void and frustrate. Which expenses, 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.

XCIV. None to be cited in 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 or any of them, for any cause or matter whatsoever belonging to ecclesiastical cognizance, without the license 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 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.

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 sufficiency and qualities of every minister, after he hath been presented unto him to be instituted into any benefice; yet, for the avoiding of some 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 and twenty 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 granter thereof from the execution 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 pœna 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. 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 of 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.

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XCVII. Inhibitions not to be granted until the Appeal be exhibited to the Judge.

It is further ordered and decreed, that henceforth 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 in 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 endeavor for the obtaining of the same, 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 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 any reason claim any benefit or protection by the same; we decree and appoint, That after any judge ecclesiastical hath proceeded judicialally 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.