the next Sunday following, in the time of Divine Service. And the faid Clerk fhall be of twenty years of age at the leaft, and known to the faid Parfon, Vicar, or Minifter, to be of honeft conversation, and fufficient for his reading, writing, and alfo for his competent fkill in finging, if it may be. And the faid Clerks fo chofen fhall have and receive their ancient wages, without fraud or diminution, either at the hands of the Church-wardens, at fuch times as hath been accuftomed, or by their own collection, according to the most ancient custom of every parish.

Ecclefiaftical Courts belonging to the Archbishop's Jurifdiction.

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 diftracted, and diversely called and fummoned for probate of wills, or to take adminiftrations of the goods of perfons dying inteftate, and are thereby vexed and grieved with many caufelefs and unneceffary troubles, moleftations, and expences; we conftitute and appoint, That all Chancellors, Commiffaries, or Officials, or any other exerciting ecclefiaftical jurifdiction whatfoever, fhall at the first charge with an oath all perfons called or voluntarily appearing before them for the probate of any will, or the adminiftration of any goods, whether they know, or (moved by any special inducement) do firmly believe, that the party deceased, whofe teftament or goods depend now in queftion, had at the time of his or her death any goods, or good debts in any other diocese or diocefes, or peculiar jurifdiction within that province, than in that wherein the faid party died, amounting to the value of five pounds. And if the faid perfon cited, or voluntarily appearing before him, fhall upon his oath affirm, that he knoweth, or (as aforefaid) firmly believeth, that the faid party deceafed had goods or good debts in any other diocefe or diocefes, or peculiar jurifdiction within the faid province, to the value aforefaid, and particularly fpecify and declare the fame; then fhall he prefently difmifs him, not prefuming to intermeddle with the probate of the faid will, or to grant ad. miniftration

miniftration of the goods of the party fo dying inteftate; neither shall he require or exact any other charges of the faid parties, more than fuch only as are due for the citation, and other process had and used against the said parties upon their further contumacy; but fhall openly and plainly declare and profefs, that the faid caufe belongeth to the Prerogative of the Archbishop of that province; willing and admonishing the party to prove the faid will, or require adminiftration of the faid goods in the court of the faid Prerogative, and to exhibit before him the faid Judge the probate or adminiftration under the feal of the Prerogative, within forty days next following. And if any Chancellor, Commiffary, Official, or other exercifing ecclefiaftical jurifdiction whatfoever, or any their Regiftrar, fhall offend herein, let him be ipfo facto fufpended from the execution of his office, not to be absolved or releafed, until he have restored to the party all expences by him laid out contrary to the tenor of the premiffes; and every fuch probate of any teftament, or administration of goods fo granted, fhall be held void and fruftrate 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 adminiftrators have been by his faid Judge, for the incompetency of his own jurisdiction, difmiffed to the faid Prerogative Court within the month next before, under pain of a month's fufpenfion from the exercife of his office for every default therein. Provided, that this Canon, or any thing therein contained, be not prejudicial to any compofition between the Archbishop and any Bifhop or other Ordinary, nor to any inferior Judge that fhall grant any probate of teftament, or administration of goods, to any party that fhall voluntarily defire it, both out of the faid inferior court, and alfo out of the Prerogative. Provided likewife, that if any man die in itinere, the goods that he hath about him at that present fhall not caufe his teftament or administration to be liable unto the Prerogative Court.

93. The Rate of Bona notabilia liable to the Prerogative Court.

FURTHERMORE, we decree and ordain, That no Judge of the Archbishop's Prerogative fhall henceforward cite, or caufe to be cited, ex officio, any person what

foever to any of the aforefaid intents, unless he have knowledge that the party deceased was at the time of his death poffeffed of goods and chattels in fome other diocese 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 said fum or value fhall not be accounted to have Bona notabilia. Always provided, That this clause, here and in the former Conftitution mentioned, fhall not prejudice thofe diocefes, where by compofition or custom Bona notabilia are rated at a greater fum. And if any Judge of the Prerogative Court, or any his Surrogate, or his Registrar or Apparitor, fhall cite, or caufe any perfon to be cited into his court, contrary to the tenor of the premiffes, he fhall restore 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 Registrar, or Apparitor, fhall refufe accordingly to pay, he thall 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 Davellers 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. 8. cap. 9. And if any of the faid Judges fhall offend herein, he thall for every fuch offence be fufpended from the exercife of his office for the space of three whole months.

95. The Restraint of double Quarrels.

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

of every Minifter, after he hath been prefented 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 fhall hereafter be granted out of any of the Archbishop's courts at the fuit of any Minifter whofoever, except he fhall firft take his perfonal cath, that the faid eight and twenty days at the leaft are expired, after he first tendered his prefentation to the Bishop, and that he refufed 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 Bishop 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 Advocate.

THAT the jurifdictions of Bishops may be preferved (as near as may be) intire 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 fubfcribed 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 fubfcription of a Proctor practising in the fame court be held fufficient.

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

IT

T is further ordered and decreed, That henceforward no inhibition be granted by occafion of any interlocutory decree, or in any cause of correction whatfoever, 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 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 caufe 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 himself 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 Regiftrar fhall either procure or permit any inhibition to be fealed, fo as is said, 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 premiffes, either by making or fending out any inhibition, contrary to the tenor of the faid premiffes, let him be removed from the exercise of his office for the space of a whole year, without hope of release or restoring.

98. Inhibitions not to be granted to factious Appellants, unless 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 Ecclefiafti, cal hath proceeded judicially againft 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 firft feen the original appeal, the party appellant do firft perfonally promife and avow, that he will faithfully keep and obferve all the rites and ceremonies of the Church of England, as alfo the prefcript form of Common Prayer ; and

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