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Cheft; declaring unto them, that whereas heretofore they have been diligent to bestow much fubftance otherwise than God commanded, upon fuperftitious ufes, 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 pleafeth God; and that alfo whatsoever is given for their comfort is given to Chrift himfelf, and is fo accepted of him, that he will mercifully reward the fame. The which alms and devotion of the people, the keepers of the keys fhall yearly, quarterly, or oftener, (as need requireth,) take out of the Cheft, and diftribute the fame 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 fufficient Reparations.
THE Church-wardens or Queft-men fhall take care and provide that the Churches be well and fufficiently repaired, and fo 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 fuch an orderly and decent fort, without duft, or any thing that may be either noifome or unfeemly, as beft becometh the Houfe of God, and is prefcribed in an Homily to that effect. The like care they fhall take, that the Church-yards be well and fufficiently 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 fhall fee that in every meeting of the congregation peace be well kept; and that all perfons excommunicated, and so denounced, be kept out of the Church.
86. Churches to be furveyed, and the Decays certified to the bigh Commiffioners.
E VERY Dean, Dean and Chapter, Archdeacon, and others which have authority to hold Ecclefiaftical Vifitations by compofition, law, or prefcription, fhall survey the Churches of his or their jurifdiction once in every three years in his own perfon, or cause the same to be done; and fhall from time to time within the said three years certify the high Commiffioners for Caufes Ecclefiaftical, every year, of fuch 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 defire that the faid high Commiffioners will ex officio mero fend for fuch parties, and compel them to obey the juft and lawful decrees of fuch Ecclefiaftical Ordinaries, making fuch certificates.
87. A Terrier of Glebe-lands, and other Poffeffions belonging to Churches.
WE E ordain, that the Archbishops, and all Bishops within their feveral diocefes, fhall 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 Parfonage, 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.
HE Church-wardens or Queft-men, and their Affiftants, fhall fuffer no plays, feafts, banquets, fuppers, church-ales, drinkings, temporal courts, or leets, layjuries, mufters, or any other profane usage, to be kept in the Church, Chapel, or Church-yard, neither the bells to be rung fuperftitiously upon Holy-days or Eves abrogated by the Book of Common Prayer, nor at any other times, without good caufe to be allowed by the Minifter of the place, and by themselves.
Church-wardens or Queft-men, and Side-men or Affiftants.
89. The Choice of Church-wardens, and their Account.
LL Church-wardens or Queft-men in every parish fhall be chofen by the joint confent of the Minifter and the Parishioners, if it may be; but if they cannot agree upon fuch a choice, then the Minifter fhall choose one, and the Parishioners another: and without such a joint or feveral choice none shall take upon them to be Churchwardens neither fhall they continue any longer than one year in that office, except perhaps they be chofen
again in like manner. And all Church-wardens at the end of their year, or within a month after at the most, fhall before the Minifter and the Parishioners give up a juft account of fuch money as they have received, and also what particularly they have beftowed in reparations, and otherwife, for the ufe of the Church. And laft of all, going out of their office, they fhall truly deliver up to the Parishioners whatfoever 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 with Church-wardens.
THE Church-wardens or Quest-men of every parish, and two or three or more difcreet perfons in every parith, to be chofen for Side-men or Affiftants by the Minister and Parishioners, if they can agree, (otherwife to be appointed by the Ordinary of the diocefe,) fhall diligently fee that all the Parishioners duly refort 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 fuch as fhall be found flack or negligent in reforting to the Church (having no great or urgent caufe of abfence) they shall earneftly call upon them; and after due monition, (if they amend not,) they fhall present them to the Ordinary of the place. The choice of which perfons, viz. Church-wardens or Queft-men, Side-men or Affiftants, fhall be yearly made in Eafter-week.
91. Parish-Clerks to be chofen by the Minifter.
NO Parifh-Clerk upon any vacation fhall be chofen, within the city of London, or elsewhere within the province of Canterbury, but by the Parfon or Vicar; or, where there is no Parfon or Vicar, by the Minifter of that place for the time being: which choice fhall be fignified by the faid Minifter, Vicar, or Parfon, to the Parishioners 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 Mioifter, to be of honeft converfation, and fufficient for his reading, writing, and alfo for his competent fkill in finging, if it may be. And the faid Clerks fo chofen shall 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 moft ancient cuftom 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 Apparitors both of inferior courts, and of the courts of the Archbishop's Prerogative, much diftracted, and diverfely called and fummoned for probate of wills, or to take admin-, iftrations 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 exercifing ecclefiaftical jurifdiction whatsoever, fhall at the firft 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 diocefe 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, shall upon his oath affirm, that he knoweth, or (as aforefaid) firmly believeth, that the faid party deceased 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 be presently difmifs him, not prefuming to intermeddle with the probate of the faid will, or to grant adminiftration 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 whatsoever, or any their Regiftrar, fhall offend herein, let him be ipfo facto fufpended from the execution of his office, not to be abfolved or released, until he have restored to the party all expences by him laid out contrary to the tenor of the premises; and every fuch probate of any teftament, or adminiftration of goods fo granted, fhall be held void and fruftrate to all effects of the law whatfoever.
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 jurifdiction, difmiffed to the faid Prerogative Court within the month next before, under pain of a month's fufpenfion from the exercise 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 adminiftration of goods, to any party that fhall voluntarily defire it both out of the faid 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 prefent fhall not cause his teftament or administration to be liable unto the Prerogative Court.
93. The Rate of Bona notabilia liable to the Prerogative Court.
FU URTHERMORE, we decree and ordain, That no Judge of the Archbishop's Prerogative shall henceforward cite, or caufe to be cited, ex officio, any person whatfoever to any of the aforefaid intents, unlefs he have knowledge