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, 5 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, ro 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 into the Arches or Audience, but Dwellers within the Archbishop's Diocese, or Peculiars. 15

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 20 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 25 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 30 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 5 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 ex-10 pired, 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 15 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 pre-20 judice of the said party before presented, sub ропа nullitatis.

XCVI. Inhibitions not to be granted without the Subscription of an Advocate.

That the jurisdictions of bishops may be preserved (as 25 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 30 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 volun-35

tarily 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 juris-5 diction 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.

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

ΙΟ

It is further ordered and decreed, that henceforward 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 15 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 cause of the grievance, before the granting forth of the said inhibition. And every appellant, or his 20 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 himself to be aggrieved, and from which he appealeth; or shall take a corporal oath, that he hath 25 performed his diligence and true endeavour 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 30 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 35

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 Appel-5 lants, unless they first subscribe.

Forasmuch as they who break the laws cannot in reason claim any benefit or protection by the same; we decree and appoint, That after any judge ecclesiastical hath proceeded judicially against obstinate and factious persons, 10 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 15 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.

XCIX. None to marry within the degrees prohibited.

20

No person shall marry within the degrees prohibited by the laws of God, and expressed in a table set forth by authority in the year of our Lord God 1563. And all marriages so made and contracted shall be adjudged in-25 cestuous and unlawful, and consequently shall be dissolved 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.

C. None to marry under Twenty-one Years, without their Parents' consent.

No children under the age of one and twenty years

30

complete shall contract themselves, or marry, without the consent of their parents, or of their guardians and governors, if their parents be deceased.

CI. By whom Licences to marry without Banns shall be granted, and to what sort of Persons.

5

No 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 ecclesiastical jurisdiction, or claiming any privileges in the 10 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 15 jurisdiction in their several jurisdictions respectively, and unto such persons only, as be of good state and quality, and that upon good caution and security taken.

CII. Security to be taken at the granting of such Licences, and under what Conditions.

20

The 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 controversy or suit de- 25 pending in any court before any ecclesiastical 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. 30 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.