Constitutions {pro}uincialles / and of Otho / and Octhobone / Translated in to english. Cum privilegio. I M I N decorative border incorporating the printer's device of Robert Redman The Preface. HEre after ensuen the constitutions prouincialles, and of Otho, & Octhobone, which be not put forth to bind any of our most gracious sovereign lord the kings subiectes / but to the only intent that the people of this realm of england should know them, such as they be. For the clergy of this realm( whom commonly we haue used to call the church, or the spiritaltie) without thassent of the kyng{is} highness, the nobility, and commons of this realm, haue never had ne yet haue any just and lawful power, to make any Constitutions or ●… awes over any of our said soue●… aygne lord the kyng{is} subiectes. Therfore, such as they ben so receive & use them / & give lauds and thankes to almighty god / and pray for the translator that he may come to the bliss that never ●… hall cease. So be it. ¶ The translator to the readers. I Can not forget catholic readers it was so lately donne that when certain english books began to issue from the parties of beyond the sees into this realm of england / the prelates and pastors be 'gan to watch diligently in every corner to keep their sheep that they should not feed vpon them admonishing us with open mouth to follow our forefathers and to beware of this new learning lately sprongen. And if they susspected any that had tasted therof he could not avoyde but either he must bear or else burn a faggot. whereupon I began to muse with myself howe this might by Iustice come to pass that so new learning( if it were so new as they made it) might haue so old a punishment which was so long before hand provided and also exercised. And then to avoyde such punishment I began to divine and search what maner learning that was & where it was written which they called old and would haue us to follow according as our forefathers( as they said) haue done. And to say the truth I could not with all the wit I had come to any thing certain that I might say, this is it. As I was thus busied in myself ther cam one and desired me in his name that might vpon my dewty haue commanded me to take the pains to translate in to english the constitutions provincial with the constitutions legantine which thing at the first motion I was very desirous to accomplish not only because I should therein do my duty but also as me therein thought give a taste unto the layete of the old doctrine if the prelates called that old which they wolf had made which thing I deny not but they might do full well & conveniently. For if Adam be the old man and christ the new why may not Adams doctrine be called the old and Christes the new. now therfore you the hunger and evangelist for old learning come hereunto put in your fore feet and fill your belies the ye may grow & be like unto them that be the authors therof. For it becometh every disciple to be perfyght in that same wherein his master is perfyght Let me not I pray you spend my labours which I haue taken in vain. This one thing I can assure you of, if ye will be the disciples of this doctrine and do as it biddeth you, ye shall lightly escape all maner ponishement and shane which the new learning hath always hitherto suffered. This doctrine also is gentle to be vnderstonde, although it be, somewhat greuos to fulfil, it containeth no senses anagogical or tropological or hath in it any hide mysteries though it haue an eye to hide treasure, but even as it soundeth so it meaneth. As for my parte I haue not sought any praise in the translation, but was contentyd so to set it forth rudely & plainly without any strange terms that it might be as well understand of the vnlerned layete in english as it was before of the learned clergy in latin, which thing I doubt not but I haue brought to pass, and therfore fare ye well. ¶ The oath made by the bishops to our sovereign lord the king before their consecracion. ¶ I. A. B. clerk utterly renounce & clearly forsake all such clauses words sentences and grants which I haue or shall haue hereafter of the popes holynes of and for the archebishopryke of. y. that in any wise hath ben or hereafter may be hurtful or prejudicial to your highness, your heirs successoures dignity privileges or estate royal. And furthermore I do swear that I shall be faithful and true / and faith and truth I shall bear unto you my souarayne lord and king. And to your heirs kings of the same / of life & limb and earthly worship above all creatures for to live & die with you and yours against all people. And diligently I shal be attendant unto all your needs and business after my wit and power. And your counsel I shal keep and lain / knowleging myself to take and hold the said archebysshopryche or bysshopryche immediately and only vpon your grace most lowly beseeching the same for the restitution of the temporaltes of the said archebysshopryke or bysshopryke promising( as afore) that I shalbe faithful true & obedient subject to your said highness heirs and successors during my life. And the service and other things due unto your highness for the restitution of the temporalties of the said archebysshopryke I shall truly do and obediently observe. So help me god and these holy Euangelies. ¶ The old oath of the prelates or bishops of england, made to the pope or bishop of Rome. ¶ I Nicholas bishop of. E. from this hour forwards shall be faithful to saint Peter, and to the holy church of Rome, and to my lord pope. C. and to his successoures entering canonically. I will neither be of counsel consent, nor dede, that he shal lese his life, or member, or be taken by any evil taking. The counsel that to me either by himself, or by his lettres or by his messenger, shalbe made open, to his hurt to noman shall I show it. The papacy of the church of Rome, and the rules of holy fathers I shalbe a helper to defend and retain( saving mine order) against all men. Called to the synod I will come unless I be let by canonical impediment. The legate of the see apostolic( whom I shall know so to be) in going or returning, honourably I shal entreat, and in his necessitees aid and help him. The seat apostolic yearly either by myself, or by assured messenger I shall visit, unless I be dispensed with for the same. So help me god & these holy Euangelies. ¶ The new oath of the prelates or bishops of england, made to the pope or bishop of Rome. ¶ I. N. bishop of. E. from this hour forward, shal be faithful and obedient to saint Peter, & to the holy church apostolic of Rome, and to our lord, lord pope. N. the .vii. and to his successors entering canonically I will not be of counsel, consent nor dede that they shal lese life or member, or be taken, or that vpon them any violent hands by any means be laid / or any injuries to them be done, by any whatsoever colour. The counsel that to me they shall commit, either by themself or by messengers or letters, to their detriment to my knowledge to no man I shall utter. The papacy of Rome and the rules of holy fathers, and the regalles of saint Petre I shal be an helper to them to retain and defend against all men. The Legate of the see apostolic in going and returnynge honourably I shall entrete / and in his necessites shall help and succurre. The laws, honours, priuileg{is}, and authorities of the church of Rome, of our lord the pope and of his successoures I shall do my diligence to conserve, defend, increase, and promote. Nor I wylbe of counsel consent, nor dede doing in the which against the same our lord, or the same church of Rome any sinistres or preiudicialles, of personages, laws, honours, states, and potestates, of thē be imagined. And if any such I shall know to be procured or practised, the same I shall let to my power, and as soon as I may conveniently I shall signify to the same our lord, or to another by whom it may come to his holynes. The rules of holy fathers, decrees, ordinances, sentences, disposicions, reseruacions, provisions, and commandments apostolic with all my power I shall with stand and shal cause of other to be observed / heretics, schismatics, & rebels to our said lord and to his successors to my power I shal prosequute and ympugne. Called to the counsel I shall come unless I be let by impediment canonical the seat apostolic yearly either by myself or by assured messenger shall visit unless I be dispensed with for the same. So help me god and these holy Euangelies. The first book. ¶ Of the most high trinity & faith catholic. ¶ Iohn Peccham. ¶ All ministers of the church are bound, to know and to believe the .xiiii. articles of the faith catholic, of which .vii. aperteyn & belong to the mystery of the holy trinity, and the other .vii. to the humanity of christ, as in this constitution and deere is rehearsed. IGnorantia sacerdotum & infra. That no person may excuse himself by ignorance, but that he know thartycles of the faith which all ministers of the church be bound to know, we shortly & breuely touch and rehearse them in maner and form as here followeth. For it is to be known that there be .vii. articles of the faith apperteynyng to the mystery of the trinity, of which .vii. four appertain and belong to the priuites of the divinity or godhead of the same trinity, and three belong to theffectes that is to say, the operation of god. The first article is the unite of the essentie of god, that is to say, that there is nomo but one god, in an vndiuisible and unseparable trinity of three persons according to the first article of the creed. Credo in vnum deum, that is to say in english, I believe in one god. The second article is to believe the father vnbegoten, being of himself and not of any other to be god. The thyrde is to believe the son of god onely begotten to be god. The fourth is to believe the holy ghost to be god, being neither begotten nor vnbegoten, but proceeding together and equally from both the father and the son. The fift is the creation of heaven and of yerthe that is to say of all and every creature, both visible and vnuisible by the hole & vndiuisible trinity. The sixth is the sanctification and halowynge of the church by the holy ghost, and the sacramentes of grace, and all other things in which the church of Christ doth common and participate wherein is vnderstonded that the said church with her sacramentes and laws through the holy ghost is sufficient, for and unto every man howe great a sinner soever he be for his salvation, and that out of this church is no health of salvation. The seventh is the consummation of the same church, militaunt, by eternal glory certainly to be suscitate & raised in flesh or body and soul, and by the contrary of this is vnderstonded the eternal damnation of evil persons refused of god. The other .vii. articles appertain to the humanity or manhed of Christ. The first is the incarnation or true assumption and taking of mans flesh & body of the glorious virgin onely by the holy ghost. The second is the nativity of god truly & verily incarnate of a virgin pure clene & vndefoiled. The third is the true passion & death of christ vpon the cross under the tyrant desperate. The fourthe is the descension and going down of christ to hell in his soul, his body remaining & lyenge in the sepulchre, to spoil and destroy hell, that is to deliver the souls of the holy fathers there lyenge, and abiding redemption. The fift is the true resurrection and again rising of christ. The sixth is the true ascension of the same Christ to heaven. The seventh is the most sure certain and undoubted expectation and looking for the same christ, to come to judge both quick and dead. ¶ They that minister the body of our lord must teach and inform them unto whom they do minister, that under the form of breed is very Christ, and that he ought to be received comely and semyngly, and that under the form of wine being given and ministered not before consecrate is but wine onely and nothing elles. ALtissimus et infra. The preestes ought to take hede that when they give or minister, the communion of the holy sacrament to the simple folk in the easter season or else when, that they teach and inform them curiously & substantially that in form of breed is given and ministered unto them both the body and the blood of our lord ye and very christ hole and a live which is there hole under the form of the sacrament. They ought also to teach the same simple rude & unlearned folk that that which at the same times is given & ministered in the chalice not to be any sacrament but pure wine onely given to them to drink that they may the more easily & sooner swallow down the sacrament which they haue received, for in such inferior chyrches, that is to say chyrches or chapels of the country ye and parish churches of the City or any other chyrches being not cathedrall chyrches. yt is permitted and granted only to them that do celebrate to receive the blood of christ under the form of wine consecrate, let them also teach the same rude and simple folk, not to break over small nor tomyche with their teeth the said holy sacrament received with their mouth, but the same very little broken hole to take and swallow down perfectly that no little parte or piece therof by chance remain between the teeth or else where. Of constitutions. John peccham. ¶ That the constitution made and ordained against concubynaries be kept inviolably, and in the most straite wise and the same constitution to be denounsed and published by the officials in four principal chapiters rural. QVia incontinentie vicium et infra. we bede and command the constitution of the late lord Octobonus published and made against concubinaries to be inviolably observed and kept. And we straitly enjoining charge and command all and every our Lobysshoppes and suffragans in the virtue of obedience, and under the pain of suspension from their office, and from their bnfice which suspension we {pro}nounce on them yf they or any of them shal be found willingly negligent on this behalf, that they cause the constitution afore name to be recited and rehearsed and openly in the four principal chapters rural of the year either by themselves or by their officials or at the least wise by the deans rural or their deputies before all the chapitre excludinge traverse & seperatyng all lay {per}sons which recitacion or rehearsal we woll & command to be had and taken for a monition that process may be freely had & made against all such vicious concubinaries that after the said recitacion they may haue no excuse to lay for them when process shall be made against them for and concerning the execution of privation of their benefices according to theffecte of the sentence and decree made in the constitution aforesaid. But if any person or persons shall maliciously let the said recitacyon of this constitutyon aforesaid they shall immediately for so doing be excommunicate and accursed, and yf any dean or his deputy shalbe negligent to recite the said constitution as aforesaid he shalbe bound to fast breed and water every friday( except infirmity and sickness shall let him) unto such time as he shall haue recited or caused to be recited the said constitution in the chapitre then next following. ¶ Of the custom of the habit & apparel commonly and seeming for clerkes to wear commanding the observation and keeping of the same, under the pain constitute and set vpon the same. EXterior habitus et infra. By thauctorite of this counsel we command that the ordinaries of places unto whom yt belongeth to inquire of thexcesses of the subiectes, make inquisition and search yearly in all places being subject unto their jurisdiction by themselves or by other for and vpon thobseruation of that constitution made and published by us of the habit weed and apparel of clerkes, and that they see and cause with all diligence to be observed kept and executed against all transgressors and offenders on this behalf the same constitution vpon the pains and penalytes in the same constitution limited. ¶ These constitutions be diligently to be observed and kept, and faithfully published and declared. We charge & command the constitutions and remedies provided by this counsel fromhensforthe to be vnuiolably observed & kept in this our province of canterbury commanding all our Cobysshoppes and suffragans that they publysshe and declare & cause to be published and declared & to be brought to every bodys knowledge by themselves or by other as the lawe doth require these constitutions for the comen profit and the laud & glory of the name of Iesu christ. ¶ Of custom. simon langham. ¶ albeit by the old constitution onely the husband yf he haue continued master and owner of three living beasts or mo, and the wife if she haue kept & guided her household by the space of one hole year was bound to the solution and payment of a mortuary, yet now both being owner of three, or fewer, shal be judge to pay a mortuary by the ordinaries of the places. STatutum et infra. Because that by occasion of this statute often times do arryse contention and debate between the persons of chyrches & their parochians, which strife and debate we entirely desire to extinguysshe and put away, we thought necessary to declare the same statute or custom by synodal interpretation expounynge the same in this our general convocation to be vnderstonded in this maner & form following that is to say, yf the person deceased haue or had at the time of his decease in his goods, three live beasts or mo of what kind soever they be, that then the principal best reserved to that party unto whom of right it is owyng, the second beste of the said three or mo living beasts be reserved unto that his parish church of the which by his life time he received the benefit of the sacramentes for & in recompense and satisfaction of such tithes and offerings as he hath taken or kept from the said person, and the same after the death of any such lay man to be delivered to his said parish church without any maner fraud guile deceit craft or collusion and without any contradiction or denyeng in any wise for the health of the said parties soul, but yf there shalbe in the goods of such part so deceasynge onely two living beasts and nomo, then of the gentle courtesy of the church all such actyon as is in the name or title of a mortuary must to be remitted, & that yf any woman so decease her husband suruiuynge and remaining in life that in no wise a mortuarye be payed for her. But yf the woman suruyue her husband and after his decease continue and remain widow keeping and guiding her household by the space of one year, that then she be bound to pay a mortuary, in maner and form as beforesaid. But yet we will in no wise by this interpretation any {pre}iudice to grow unto the laudable custom and usage to fore had used & kept in this our province, for and concerning mortuaries, but that if the party or parties deceasynge as aforesaid haue the full nombre of such living beasts whether the husband or the wife decease before or after the custom and usage of the church concerning the giving & performynge of the mortuary be observed and kept. And to the payment of the said mortuary due by lawe or custom we woll all such parties as shall refuse withstand or again say the same by the ordynaryes of places to be constrained by the censures of the church. ¶ edmund. ¶ No person of any church presume to sell the tithes of his church not yet perceived. NO person may presume to sell the tithes of his church not perccyued before the feast of thannunciacion of the blessed virgin Mary, from which day the fruits ought to be given to pay the debts or legacies of their persons if they die before the perception of the same fruits. ¶ Of the times of giving ordres and the quality of persons to be admitted to ordres, that vnlaufully begotten having no lawful dispensation, and ordained of any other bishops then their own. or being in deadly sin, be suspended from the execution of their office, until satisfaction be made therof. ¶ The same edmund. THose which be not born in lawful matrimony without sufficient dispensation do take ordres, and those also which be not promoted to holy ordres by their bishops and without the licence of their bishops or prelates we do suspend from th'execution of their order so taken until such time as they haue gotten the pardon of dispensation, we do also decree that those which take vpon them holy ordres being in deadly sin committed before the taking of the same or onely for worldly lucre shall not execute their office, without they be first cleansed from the same sin by the sacrament of penance. ¶ That all irregulers be suspended from the execution of their office until they haue a lawful dispensation. IN primis et infra. All those which be irregular, when they do take ordres or before or after their ordres taking without they be expressly dispensed with by them which may dispense with such, we denounce them to be suspended from thexecutynge of their office until such time as they be lawfully dispensed with for the same. And as concerning the premisses those which be irregular be these following murderers or man kyllers, advocates in cause of blood, or symonyakes, and interuentours or brokers of symonyacall covenants or bargains, or who so ever wittingly doth take orders of them that be infect with that contagion of simony, or who so ever wittingly doth receive ordres of heretics, schismatics, or by name excommunicate. Also bygamyes, husbands of women actually corrupt before they were married and such as do corrupt virgynes professed into religion or consecrate to god, excommunicate persons, and such as by stealethe take ordres, soothsayers or prophesyers, and burners of chyrches and such other like. ¶ Let no man be admitted to ordres out of his own dioces, of not his own bishop wittingly. ¶ richard. QVia quidam et infra. A bishop being under our jurisdiction which shall wittingly give ordres to the clerk or parishener of another bishop without the special licence of the same bishop from the time of the giving of the same ordres, at which time he received or admitted to ordres any such person until he hath made condign satisfaction, let him know himself to be suspended. ¶ walter. ¶ A prelate shall not cause any of his subiectes to be admitted to ordres of not their own bishop without letters dimissories. cum quanta et infra. we do forbid that no Abbot or prior cause their monks or chanons to take ordres of any other bishop then of the diocesan of the place without the letters dymyssory of the same bishop or in his absence of his vicar general. ¶ Of scruteny or inquisition to be made at the giving of ordres, that no person come to any of the holy ordres without diligent scruteny or examination. cum quanta et infra. No man may come to ordres or be admitted to the same without he haue ben canonycally examined, and all such clerkes as be under the order of subdeacon shall not be admitted to the inferior degrees without they haue convenient presentours and be by their testimony admitted. Also no symonyak, murderer, excommunicate person, usurer, he that hath committed sacrilege, a burner of chyrches, or country faiter of writings, or any other having canonical impediment shal not presume to come to any maner of ordres, nor shal be {pre}sented or admitted to the same in any wise. ¶ Of holy unction tharchedeacon must take good hede and beware that no holy or sanctified thing be put to any profane use. THe crysmall clothes shall not be turned into any other use, but to the use of the ornaments of the church, and like wise other ornaments that be blessed of the bishops may not be deputed by any maner means into profane uses, and the archdeacon in his visitation shall diligently inquire whether this be observed and kept. ¶ walter. ¶ The sacrament of confirmation must be ministered comēly & as soon as may be without intervention of the parentes, or of the father inlawe or of the mother inlawe. SAcerdotes et infra. A young man of thage of .xiiii. yeres and above to be confirmed must be monished by the priest of the place where as he dwelleth, first to be confessed and so afterward must be confirmed, & must come fasting to confirmation for the reverence of the sacrament. Also let the parentes be often times warned by the preestes that they bring their young children which be baptized to confirmatyon, and that they do not long abide the coming of the bishop, but that they bring their children to him for confirmation when they shall here him to be nere hand, and that they bring with them convenient bysshopbondes, and the young children also being confirmed the third day after their confirmation must be brought to the church / and their forehedes must be washed by the hands of the preestes at the font for the reverence of the chrism / and in the same place their bisshopbondes thē to gether must be brent. And that at the confirmation no child be holden of the father or mother stepfather or stepmother. And we will that this prohibition be often publysshed by the preestes in the chyrches that the parentes and other which do hold children to the confirming may know that a spiritual bonde is as well contracted and made by this sacrament as by baptism. ¶ All christiē of thage of .xiiii. yeres or above should be exhorted to receive the sacrament of the last an oiling comely & in due time. THe oil of the sick folks shalbe brought to the sick with great reverence and the preestes shal anoint thē with yt, with great douotion & solempnite of many prayers which be ordained for the same, let the preestes also often monysshe the people( at the least) those which be of .xiiii. yeres and above to receive the sacrament of extreme unction, and that also after they haue received the sacrament they may lawfully return to matrymonyall copulacion. The effect & virtue of this sacrament is known by the words of thapostle Iamys saying. yf any of you be dysseased let him bring in the preestes of the church that they may pray over him anointing him with the holy oil in the name of the lord & the prayer of faith shall save the dysseased and the lord shall alleuyat him, make him light, or help him, & yf he be in sins they shalbe forgiven him. ¶ The ministers of the holy chrism asking & requiring every year the same chrism. every year new of their bishop ought to minister the same duly. ¶ Iohn peccham. Where as the making of the holy ointment is to be done from year to year by the bishop of the diocese after the decrees of the holy canons, & the same chrism by them made every year to be given to faithful persons, & the old or what so ever is left of the old Crysmes is to be brent in the chyrches. The persons also either by themselves or by their deacons or subdeacons ar bound for every of their chyrches to ask of the bishops of the dioces the holy chrism every year before the feast of Easter or as shortly as yt may be done, in somyche that yf any attempte to cristen or to anoint the christened in the forehead( without yt be in icopardy of death) with any other chrism then with this new which he hath received of the fre grant or gift of the bishop he sheweth himself to haue the sentence of damnation given over him. yet nevertheless some men being lead with blind ignorance which is said to be very nigh neighbour to deceit or with a stubborn spirit stryuynge against the holy canons in that behalf, which thing is not far from the crime of idolatry or the sin of wytcraft do keep in some places the holy chrism two yeres some where three yeres & more & do dampnably abuse the same in their christinynge & other sacrifices not asking nor receiving of the bishops of their dioces from year to year any new, which thing least yt should be from henceforth done any more, we straitly command under pain of suspension which we give vpon all those stubborn persons that will do the contrary, which thing also we believe ought to be taken and vnderstonded of the holy oil of them that be cathecumini, that is to say newly instructed in the faith of christ to be christiened. ¶ The same. ¶ Noman ought to be received to the sacrament of the alter, but in tharticle and point of death except he be confirmed or haue lawful impediment. COnfirmationis et infra. against them that be negligent to receive the sacrament of confirmation we ordain that noman be admitted to the sacrament of the body and blood of our lord, but in the point of death without he be confirmed or except he haue ben reasonably letted from receiving the said confirmation. ¶ Of the Iteration of sacramentes to be done or not done. ¶ Let the parentes beware that they suffer not their children to be twyce confirmed for asmuch as thereby the men children do incur irregularite, and the parentes selves great hurt. ¶ walter. SAcerdotes et infra. Let the parentes diligently beware and take hede that they bring not their children to be confirmed twyce for as much as the same children by receiving of the same sacrament again yf they ben men children be made irregular, and the parentes selves by such negligence, by sentence of the Canons be under great vengeance and punishment. ¶ walter. ¶ Extreme unction or last annoylyng ought not to be iterate or given again, but one hole year passed between, and not then but in evident peril of death. THe sacrament of extreme unction may be lawfully every year renewed, so that every year ones yt may be given to a person being in great disease and sickness, of the which sickness the syk man is in jeopardy and fear of death. ¶ Iohn peccham. ¶ Also baptism duly ministered by lay persons is not to be iterate renewed or ministered again by a pressed. QVod in constitutione & infra. yf it chance young children to be baptized of lay persons, because of peril of death, let the priests beware that they be not so bold to renew the baptism duly and lawfully done and ministered. ¶ Of the .vii. sacramentes of grace .v. must and ought to be duly received of all christen men, which be baptism, confirmation penance, eucharistie, or the body of our lord in his due time & extreme unction in tharticle or point of death, of such as yet be in their right mind, and haue their wits or at the least wise desire to receive yt, while they were in their right mind & had their wits. But the .vi. sacrament that is to say holy ordres of them that be perfect, and the .vii. that is matrimony of such as be not perfect. ¶ Iohn peccham. IGnorantia sacerdotum et infra. There be .vii. sacramentes of grace, the dispensatours and ministers of which ben prelates of the church, of which .vii. sacramentes .v. ought to be received of every chrysten man, that is to say baptism, confirmation, penance, and housle at time convenient, and annoylyng or last anoyntment, which ought to be ministered onely unto such as by tokens likely & apparent of great infirmity seem to draw nere to the peril of death, unto whom( yf yt may be) let yt be given and ministered while they haue their right mind & perfect reason. And yf yt chance or happen them to be troubled & diseased with phrenesy or any other alienation of mind when so ever yt be, yet yf before the time of such alienation they were desirous & took any thought or care for their soul health. we counsel that this sacrament be faithfully ministered unto them for we believe, and haue also learned by good proves and experience that the receiving of the said sacrament of extreme holy unction, wylbe profitable and help a man be he never so phrenetyke, so that he be the child of predestination or salvation that he shall either haue time enough to return to his mind and recover his wits again, or at the least shall obtain spiritual profit & help of the soul to the increase of grace. There be also two other sacramentes that is to wit ordres and matrimony, of the which two the former beseemeth and agreeth onely unto perfect. The second onely to unperfect, ever sith the first time of the new testament and the lawe of christ, and yet the same of the power of the sacrament we think giveth grace yf yt be contracted with pure heart & mind. ¶ Of preestes sons. ¶ Iohn peccham. ¶ For asmyche as the sons of persons of chyrches and preestes may not by the lawe enjoy ecclesiastical benefices of their fathers by immediat succession, yf they any such benefices of their fathers haue occupy or enjoy, let him be expelled and put from the same. FOr asmych as yt is forbidden by the law that the sons of Curates persons or preestes shal not be made Curates or persons in the same chyrces where as their fathers immediately and next before them bid minister without the popes dyspensacion before had on that behalf, and for asmych as yt is manifest and well known by the same lawe all such benefices to be vacant yf the contrary to this be in fact and dede attempted, we do straitly charge and command that the {pre}lates make diligent inquisition of the c●yrch so being vacant, and that they make no delay to ordain and determine the same according to the lawe taking better hede from henceforth that they admit no such men to any such benefice by any maner of title least that contrary to justice and the good order of the lawe by such privy entering there might seem to be a place of succession unto the inheritance of him that hanged in the cross. ¶ Of strange clerkes. walter. ¶ Aliens or strangers & men unknown, may not be admitted to execute their order, without letters of commendations or lettres dymissoryes of their ordinaries, without sufficient dyspensacion and prove before had of their ordination or ordres taking, and also admission thereunto by the bishop. cum quanta et infra. such as be ordained or haue taken ordres in Ireland, wales, or Scotlande shall not be admitted of any man within our province to execute their order so taken except great necessity do require and then also that they be dispensed with by sufficient authority for and vpon the execution of their foresaid order, or else that the ordres which they haue taken be otherwise by their ordinaries ratified. provided nevertheless that in no wise they be admitted before yt be known of their lawful ordinacion or admission to ordres, of their purite and cleanness of living. and also of their learning, and further we command that no stranger and unknown priest, whose ordinacion or admission to ordres is not well known to be admitted to serve any chyrches, there to celebrate and execute the divine service, but by licence of the bishop of the dioces after that it shalbe truly known of their ordinacion or admission to ordres by lettres testimonialles or witness of good and honest men, and that sufficient knowledge and proof be given and made. ¶ The thyrde counsel of oxford. ¶ Thomas arundel. ¶ No chapleyn of a strange diocese may be admitted to celebrate without the lettres of his own diocesan or some other bishop unto such time as good opinion be said of his honest good manners & good behaviour. NO chapeleyn shall be admitted to celebrate in any dioces of our province of canterbury other then in the which he was born or be admitted to ordres except he bring with him the lettres of his ordres & lettres of commendations of his diocesan. And yet nevertheless the lettres of other bishops in whose diocese in the mean while he hath continued & lived by long space. In the which said lettres of commendations we will and command caution and warantise to be expressly made of the behaviour ma●ers & conversation of the same, and whether he be defamed of and vpon any new opinions concerning the catholic faith or of any ypocritical manners, or whether he be utterly clear, & free from all such opinions, or else let as well him that doth otherwise celebrate as him that permytteth and suffereth such chapleyn or priest so to sing be grievously and sharpeley punished. ¶ Stephen. ¶ Thoffyce of the Archedeacon is to procure provide & see that the sacramentes be duly kept and ministered and specially the sacrament of th●alter, & the holy oil must be kept under lok and key. Also the ornaments of the chyrches ought to be vis●ted and over seen by the same archdeacon. and the possessions of the chyrches must be accounted and received. THat tharchedeacons according to the apostle seek not the things which be their own, but which be of Iesu christ, let them see and provide in their visitation that the canon of the mass be truly corrected, and that the preestes can well and right sound & pronounce the words of the canon, & of baptysinge, and that they haue true and clear intelligence and perfect vnderstonding on this behalf, let them also teach the lay folk in what maner & form they ought to baptize in case of necessity, that they can and know at the least do and minister the same baptism as aforesaid in some tongue either english or latin, or any other tongue, let the archedeacons see & provide also diligently that according to the form and tenor of the general counsel the sacrament of the alter, the chrism and holy oil be laid up and kept safe under lok and key deputed, assigned, and delivered to trusty and faithful custody, also the archdeacon ought to haue written in an inventory all the ornaments gear and things used in the chyrches, also the said archedeacons should cause to be presented unto their sight and to be shewed unto them all the clothes and books of the said chyrches every year that they may see what things hath ben added & increased by the diligence of any persons in the mean time, or what of the same ornaments clothes books and other things haue ben dimynyshed lost or perished in the same mean time through malice or negligence of any persons. And the said archedeacons must also {pro}uyde for the possessions of the chyrches that they may every year from time to time profette increase and prosper, that the chyr h in no wise be defrauded of her right. ¶ John peccham. ¶ Tharchedeacon must see and cause thartyeles of examination or sentence to be promulged and openly recited and declared, and must see also that moral precepts & teaching necessary for the health of the soul be preached by them whose office or duty it is so to do. EIsdem etiam temporibus et infra. The archdeacon shall diligently inquire whether the publicacion of tharticles be made by the which a man runneth into the sentence of excommunication in the dede doing, and as often as they can finde that the preestes haue not preached & published to the people at the times appoynted good moral instruction as of the .xiiii. articles of the faith, of the .x. commandments, of the two precepts of the gospel, of the .vii. works of mercy, of the .vii. deadly sins with their branches of the .vii. principal virtues of the seven sacramentes of grace of the sentences of excommunication so often let them reprove and rebuk them, and chastisyng them with a canonical pain compel them to satisfy for that wherein they negligently did offend. ¶ walter. ¶ Tharchedeacon must provide that thornamentes of the altar be comely and seeming and the books of the chyrches convenient, and the vestiments for the priests to sing and to do thoffyce of the mass. And the said vestiments be at the least double or two for change. SInt ecclesiarum rectores et infra. The archedeacons shall also provide that there be honest & clene linen clothes and other ornaments belonging to the alter as behoveth. And also that the church haue convenient books to sing and to rede, and at the least two vestiments for a priest to sing mass, with all thing belonging to them. And that due honour may be given and shewed in all divine services, we command also that he the which mynystreth to the priest at the alter haue a supplice. ¶ walter. ¶ Tharcedeacon must take good hede and see that due re{per}acion be done to the chyrches. ARchidiaconi & infra. we do also enjoin and command the archedeacons and their officials that in their visitations of the chyrches to be had they take diligent consideration to the bieldyng of the church, and specilly of the chancel, whether percase it lack or need any reparation, & if they finde any such defaults that they set a certain time under a certain pain within which they may be repaired and made up. And they shall inquire by themselves and by their officers whether there be any thing to be amended in any things either of the parish in which they visit either of any the persons. And if they find any excesses or defaults there done they shall see that they be amended either then by and by or in the next chapitre. ¶ Of the office of the Archeprest. ¶ Iohn peccham. ¶ every pressed specially such as haue cure of soul ought and shall clearly and plainly expound open and declare unto his subiectes four times in the year tharticles of the faith and precepts moral necessary to the health of the soul according to the purport, effect form and tenor of this {pre}sent chapitre here following. IGnorantia sacerdotum et infra. we charge and command that every preaste bearing rule over the people expound and declare unto the people plainly in their vulgar tongue without any fantastical imagination or invention of any maner sotelty or curiosity either by himself or by some other .iiii. times in the year, that is to wit, every quarter of the year ones, and that in one solemn feast or more the .xiiii. articles of the faith the .x. commandments, the two precepts of the gospel, that is to say of both charites one towards god, tother towards our neighbour, the .vii. works of mercy the .vii. deadly sins with their branches the .vii. principal virtues, and the .vii. sacramentes of grace And that no man may excuse himself by ignorance in the premisses, passing over the xiiii. articles of the faith afore sufficiently expounded in a title and chapitre convenient going before in this present treatise, we here wool touch and reckon up briefly all other things necessary to be shewed besides the said .xiiii. articles of the faith as followeth For of the .x. commandments of the old testament three precepts concern and haue respect to god, and these be called the commandments of the first table, and .vii. be ordained and haue respect to our neighbour, and they be called the commandments of the second table. In the first is forbidden all idolatry, when it is said, thou shalt not haue strange goddes before me. In which includynge be forbidden all southsayeng all incantations, and kinds of witchynge with all the superstitions of figures and signs, and such other figmentes, and vain inventions. In the second commandment when it is said, thou shalt not take the name of thy god in vain, is prohybite & forbidden principally all heresy, and secundaryly all blasphmynge and vnreuerent naming of god, and specially in perjury. In the thyrde commandment, when it is said, remember that thou keep holy the Sabbot, is commanded the due observing of that christen religion to the which both clerkes and lay people indyfferently & equally be bound, where is to be known that the obligation or binding to keep holy day in the Sabbot legal according to the form and maner of the old testament is expired utterly with all the other ceremonies in the same lawe. And in the new testament the manner of holy day keeping in the service of god on the sundays and other solemn feasts deputed and assigned for the same by thauctorite of the church is sufficient. In which dayes the maner of keeping holy day is not to be taken of the superstition of the Iewes, but of the canonical institution and ordinances. The first commandment of the second table is to honour our father and mother temporally & spiritually plainly expressed. And also in the same secundaryly is to be understand that every man for the merit of his degree ought to be honoured. And in this commandment is vnderstonden, not onely the father and mother carnal and temporal but also spiritual. So that the spiritual father is the prelate of the church mediate or immediat, & the spiritual mother is the church whose sons be all & every catholic person & {per}sons. The second is, thou shalt not kill, wherein is by express words forbedden the unlawful killing or doing to death of any person by consent word, dede, or favour, and encluded in the meaning of the same all unjust lesyon or hurting of any person forbedden, for they spiritually do sle and kill which do not refresh the needy and semblably they kill that backbyte or say evil by any person, or which oppress, bear down confound and undo innocents or such as be fautles. The thyrde commandment is thou shalt do no lechery wherein is expressedly forbidden adultery, and in the meaning of the same is fornication included which is by express words prohybite and forbidden in the deuteronomy where it is said, there shalbe no hariottes amongs the daughters of Israell nor fornicator of the sons of Israell. Also in the same commandment is forbidden all commyxtion of man & woman which commyxtion the good poyntes of matrimony, that is to say, faith, getting of children, and other offices of matrimony do not excuse. And also all and every voluntary or wilful pollution by what so ever means studiously or wilfully or willingly procured. The fourth commandment is thou shalt do no theft wherein is expressly forbidden privy contrectation or handelyng of another mans good against the coil of the owner, and encluded in the meaning of the same all wrongful usurpation of another mans good either by fraud or guile or by usury, or by violence or by fear. The .v. commandment is thou shalt not speak against thy brother or neighbour any false witness wherein expressly is forbeden false testifieng or witness bearing unto hurt, and included in the meaning of the same false testification or witness bearing for to promote any person contrary to his deserts or merites. In this commandment also is condemned all maner lyenge but specially pernicious and malicious. The sixth commandment is thou shalt not desire the house of thy neighbour which is to be vnderstonded and taken to his wrong and injury. In which is forbidden the desire of the movable possession of any man what so ever he be, and specially of any catholic person. The vii. commandment is thou shalt not desire the wife of thy neighbour neither the servant nor the mayden nor the ox, nor the ass nor any other things that be his. In which all maner covetous desire of another mans possession as touching and concerning goods movable is prohibited and forbidden. now unto these ten commandments the gospel further addeth tweyn that is to say the loving of god and of our neighbour, he loveth god that keepeth the commandments above mentioned for love and not for fear of pain. And every man ought to love his neighbour as himself. In which saying this word as himself doth not speak nor mean equality that every man ought to love his neighbour so much as himself in all things, but it meaneth a certain conformite that is to say thou oughteste to love thy neighbour unto what thing thou lovest thyself, that is unto good and not unto evil. And after what maner thou lovest thyself, that is spyritually and not carnally taking carnally for viciously. Also howe much thou louyste thyself that is in prosperity and adversity in health and sickness, likewise how much thou louyst thyself in respect of temporal things, for so much as thou must love all men & every man above temporal riches. Also as thyself, for so much that thou must love the soul of thy next, or his eternal souls health more then thyn own temporal life, even likewise as thou must set more by the life of thy soul then the life of thy flesh. Also in what maner thou lovest thyself, that is thou must help all men in ther necessity as thou wouldest them to help them thyn. For all thes be vnderstonden in this saying thou shalt love they neighbour. &c. There be more over .vi. works of mercy opened by the gospel of saint Matheu, which are to feed the hungry, to give drink to the thurstye, to receive strangers to hospitalite, to cloth the naked, to visit the sick, & to comfort the prisoners. The .vii. is taken of Thobie which is to bury the d●d. The .vii. deadly sins be, pride envy, wrath, hatred, sloth, covetousness, gluttony and lechery, Pride is the love of his own advancement, out of which riseth crakynge, boasting, ypochrisye, sysmes & like other. envy is the hatred of an others felicity from whence riseth backbyghtyng slaundryng grudgyng stryffe evil judgements and such like. wrath is the desire of vengeance and of anothers harm, which after long continuance in the heart, is made hatred, this wrath is the welsprynge of hurtful words & deeds of wounds murder and other like. sloth is the weariness of spiritual goodness through which a man delyghteth not in god or his laud and honour, and is accompanied with sluggysthnes cowardnes desperation & like. covetousness is the immoderate love of goods movable and immovable, through unlawful getting and keeping, from thence cometh deceit, theft, sacrilege, simony, & all filthy lucre. gluttony is the immoderate love of delectation in tasting of meate and drink, in which a man may offend .v. maner ways, that is to say in time, when he eatith to sone to late or to oft. In quality, when meats very delicate be prepared. In quantity, when to much is eaten or drunken, which is the vilyst kind of gluttony, ther is to much taken of meate and drink when it maketh the body heavy or when it stoppeth the inward or outward sense, or when it hurtyth the bodily health, men also offend in gredynes or hastiness of eating. And last of all in curious dressynge of ther meate, to provoke ther appetite with all. As for lechery we may not disclose, whose only famed infecteth the hole air The .vii. principal virtues, be faith, hope, charity, which be toward god, and therfore be called theological, prudence, temperance, justice and boldness, by this a man is ordered towards himself and his next or neighbour. The act of prudence is to choose that is good, the act of iustice is to do right, the act of temperance is, not to be overcome or let with pleasures, the act of fortitude or boldness is, in nowise to cease from the goodness, which is intended to be done be it never so hard or grievous. And these be called the .iiii. cardinal virtues, that is the .iiii. principal for under these .iiii. be many more, of which we speak not at this time, because we labour now for the simple people. Of the .vii. sacramentes of grace we haue spoken before in their place. ¶ edmund. ¶ The preystes must admonysshe the women of there cure with child to haue water in time of their travell redy for baptism in case necessity require, and also to be confessed in time. ALso the preystes shall warn the women with child of their parysshes that when they understand the time of their travell to be at hand they haue water redy prepared to baptize the child if necessity so shall require and that for the great peril at hand they be confessed to the priest lest they be suddenly taken and may not haue him when they wolde. ¶ Stephen in the counsel of Oxford. ¶ The preystes must dilygntly teach their paryssheners the word of god, lest then be counted dom dogges and must quickly and speedily visit the sick. PResbiterorum et infra. By determination of this present counsel we straightly enjoin and command, that persons and vicars diligently go about to inform and feed the people committed to them, with the word of god according to the gift given them. Lest they be worthily judged dom dogges, because with their holsom barkyng they dreue not the spiritual devouring wolf from the lords fold, moreover having this asking of the gospel in their minds howe in the last examination the visitors of the sick shall receive an eternal reward as often as they shall be send for let them go to the syk quickly and gladly. ¶ steven in the same counsel. ¶ Of the office of a vicar. ¶ None shall be admitted to a vicarage, but he that porposeth to be present and to be pressed at the next ordres, he that is otherwise admitted shal be repelled. cum hostis et infra. we decree that no bishop of our province shall admit to a vicarage any person, except he will personally minister in the church where the vicarage is given him, and except he be such as within short time, may be made priest. And if any be admitted and will not be pressed, he shall lose the benefice. ¶ The same Stephyn. QVoniam autem et infra. we ordain that unto a perpetual vicar the fruits of .v. marks at the leasle be assigned which was wont to be set to ferme for .v. marks, those parties of wales excepted, in which perchance through the smallness of the chyrches the vicars can be content with less stipend, the diocesan shall also consider the power of the church & se whether the vicar shall bear the charges or the person or both to gether, so that the archedeacon where he shall receive proxy of both or of one of them, shall be contented with one proxy onely. ¶ Of the office of a judge being ordinary. We ordain and decree by the authority of this present counsel that all & every prelate haue to their amners, men of honest. And that the prelates themself according to the apostle keep hospitalite, and be men of alms, and that at houres convenient they personally come, where they may be seen abroad, aswell for to here the poor, as also exhibit and minister justice, and that in their own persons they be sometimes present at the hearing of confessions and enjoining of penance. ¶ Bonifacius. We also decree that bishops in their synodis and other convocations, and all archedeacons in their chapters, & ministres of {per}yschyrches in their chyrches, shal .iii. times in the year denounce unto all that will enjoy the privilege of a clerk, that they were openly and in due place, the competent weed and tonsure of a clerk, and specially before their ordinaries and in chyrches, and congregations of clerkes. ¶ Of superiorite & obedience. PResbiteri et inf. It must be enjoined under the virtue of obedience to all chapleyns that be admitted to sing in any church within our province that they be present on the sundays and other holy dayes when and where matins mass & other hours be said by note, to sing and rede, vpon the which things we will that an oath be taken of them and geuyn at their admission. Also we will bind the preestes by the same oath, that they shall take nothing away from the persons vicars and presidents of the chyrches or chapels, where as they sing, but shall humbly obey them, and give due reverence. ¶ Of truce and peace. ¶ edmund. MAgna nobis et infra. we do straightly command that the persons and vicars & other curatt of the chyrches haue peace with all men( as much as in them is) & that they monish their paryssheners to be through the unite of faith and the bonde of peace one body in Christ. And that they cease diligently & make quiet the displeasures if any spring in their parysshes colyng them in amity and concord that be at variance not suffering as much as in them lieth the son to go done vpon the anger of their parishians. ¶ Of transactions. ¶ Stephyn. furthermore we thought straightly to be commanded, that no archedeacons and their offyciales or other iudges for the prosperity or good continuance of peace, it they that were at variance will agree to gether may ask or require any thing but that it shall be lawful for the parties asking licens to depart by composition from the lawe when they will so that the matter be such as may admit composition, nor shall punish other the playntyffe or defendant without open knowledge of their vnryghtwysnes. ¶ Of pleading. ¶ Stephyn. BEcause that by advocates often times matrimonies be dysturbed, we ordain, that where as a sentence is given for matrimony, the advocate which hath standeth against the same, shall in that dede doing be deprived of his advocation for a year without the judge haue him excused by express words in the same sentence for just error or probable ignorance. ¶ Iohn peccham. VEloces ad audiendum et infra. Noman from henceforth shall be admitted to excercyse openly the office of advocation without he haue first herde the canon lawe and cyuell lawe at the lest .iii. year with good diligence. And the surety therof he shall make good by his own oath, where as it doth not appear by condign testimony nor by dede. ¶ Of procurators. ¶ The same EXhorrenda et infra. we decree that no dean nor archdeacon or his offycial or offyciall of byschop shall put his seal to any proxye or to any commandment in which power is granted to any {pro}curator, without it be asked of him openly in the court, or else out of the court where as he which hath constitute the {pro}curatour and is plainly known to be the true master, is present corporally requiring the same so that all maner of deceit may be excluded & set apart. And what so ever dean archdeacon or his offyciall or offcial of the bishops of evil mind do the contrary, for .iii. yeres he shall be suspended from office and benefice, what so ever procurator also do procure feigned or false proxy to be made, shall be suspended for .iii. year from his office of proctourshyp, & shall be unable to obtain any benefyce of the church & if he be married or be a bygamye, he shall be under excommunication in that dede doing. And that which is done or procured by such afayned or false procurator shall be utterly reputed as no dede. And the procurator also himself which is the worker of all the falsehood shalbe exempted for ever from all lawful acts. And all this {per}sons nevertheless if they may be convict vpon the same, shall be bound to restore to the party damaged all his interest and loss. ¶ Thus endyth the first book. ¶ The second book begynnyth. ¶ Of judgements. ¶ steven in oxford counsel. IN causis et infra. we decree, that deans rural from henceforth shall not presume to hear any cause of matrimony, but that the examination of thē shall be committed onely to discrete men, in whose presens if it may conveniently be done, the sentence shall be afterward given. ¶ Iohn peccham. QVidam ruralium et infra. we ordain that no certificat signed under the seal of any dean rural shall be given to any person, or shall at any time be granted, without that it vpon some solemn day be first openly recited in the church at mass time, where as he that is cited doth dwell or is most conversant, this mean and order being thereto adjoined, that he which is cited may haue sufficient leysur and time, that he may conveniently appear at the day and place to him prefixed, but if so be that in any case, the time do so capitain that ther be no maner of delay to be had, then the citation being openly done before witnesses, the certificat shall be given in the church or in an open place before faithful and substantial witness, so that the day of citation and place be expressed in the same certificat. And so shall the certificat in nowise be made, before the citation be executed and done, and let the deans rural swear every year in the bishops synodye that they shall faithfully do the same. ¶ archbishop in the counsel of oxford. ITem omnes illi et infra. That the violatours and disturbers of the immunite & liberties of the church that is to say that such secular persons as at any time hereafter shal presume to withdraw, take away, comsume, waste or handle any maner thing out of the houses, manners, graunges, or other places to the archebysshops, bishops, or to any other ecclesiastical persons or to the chyrches self aperteynyng and belonging against the will and without the permission and sufferance of the lords or of them that be deputed and assigned keepers of such things, or shal cause any thing as aforesaid to be withdrawn taken away consumed, wasted, or handled, or shall ratify uphold and maintain any such withdrawynge, taking away, consumynge, wasting, or handelynge in any maner as aforesaid done in their names, or by any of their famyliars may not eschew nor avoid through the occasion of hardness & diffycultye in accitynge of them, as often times here to fore it hath happened, but that due process may be had and made against them as there ought to be. By the consent and assent of all our brethren, and of all this convocation. we decree and ordain that every such violatour as aforesaid, what so ever he be, if he may personally be found or may safely and surely be come unto shall be called to appear personally. And if he can not be found or can not surely and safely be come unto, then the same violatour as aforesaid shall be cited at his own house( yf he haue any house) where he may surely be cited and safely. But if he can not be surely & safely cited at his own house. Then we decree & ordain a citation to be made in the parish church of his dwelling house or if he haue none or be not known that he hath any such dwelling, that then the citation be had and made in the Cathedrall church, of that place in which the said immunyte & liberty of the church is said & reported to be violated, dystourbed, & hurted. And nevertheless also in the parish church of the same place, we decree citation to be made, if it may be surely done & without parell. willing & also ordeynyng & decreyng that by virtue & force of every such citation at the house or chyrches openly made as aforesaid. not onely in the cases above written, but also in all the cases of the constitution & ordinance of Octo bonus late legate of the See Apostolyk in England, which beginneth in latin. Ad tutelam, in english, for the safeguard & defence. As hereafter in th'end of this work ensueth the {per}tie so cited to be constrained & forsed as though he had ben personally apprehended & taken by the same citation, & that by virtue of the same citation process may be made against the party so cited with all such effect as might haue ben, if the said party had ben personally cited. And further we ordain and decree that all the foresaid & also all other violatours and disturbers of the liberty and immunite of the church what so ever they be may be convented in the place where such trespass or offence shal be done, although they can not there be found, as well by the of fire of the judge as also at thenstaunce of the party. And whether such violatours and disturbers of the immunityes and liberties of the church as aforesaid can be found or surely & safely come to or gotten or not, & whether they haue a house or not, we wool and decree that it remain in doubt of the certyficat of him unto the which the citation is committed and commanded to be made. And that such as haue suffered any injury or wrong in the cases above mentioned may the lyghtelyer obtain due justice by probation of this provincial counsel we straitly command that all ordinary iudges of our {pro}uynce of Canterbury help one an other without any difficulty inspeding of citations & execucions of the same, & all other lawful commandements. ¶ Iohn stratforth. EXcussis et infra. Because that bishops & archedeacons & their officials, & other ordinaries & their commissaries do command often times original citations concerning the corrections of transgressors to be executed by the persons vicars or their parysshpreestes it is therfore laid to their charges that they do craftily disclose their confessions that be cited, made to them privily in the court of their souls of and vpon such things as they be cited for, wherefore parishians be greuouslye offended and thenforth do refuse to confess ther sins unto them, we do decree that such primary citations as shall be made by the authority of the said ordinaries, be not hereafter commanded to be done by the said persons and other, but let thē be executed by the officials deans somners or other their officers. And if such prymarie citations be directed to persons vicars or prestees they shall not be bound to obey in that behalf. But the said primarye citations and judgements and processes that follow out of the same, shall be void & of none effect by the lawe. ¶ Of a court competent. IT happeneth somme times that the clerkes, although they be not taken in the dede doing, or conuycted as evil doers or suspect of crime or trespass or wrong doing to any man, be nevertheless taken by the lay power without any regard of {per}sones and be cast in to prison, and be not delivered to their ordinaries when they do require them to be freely judged after the canon laws. And if the clerkes to whom crimes be laid do not appear before the secular iudges when they be called, they be banished out of the realm. And because, in this the liberty of the church is confounded and broken when a clerk is judged of a lay judge. we do decree that if the clerks that so be taken be known and be honest as well the takers as the witholders of them and they that refuse to deliver them at the ordinaries request shall be openly declared excommunicat by the ordinaries of the places where they dwell. And the places also where they be detained, and the lands of the takers and deteyners of them shall be under the church interdiction until such time as they be delivered to their ordinaries and convenient satisfaction and amendes be made for such excesses And they which leyd to their charges such false crimes, or maliciously did fain lies or deceits for the which they were taken & wrongfully detained shal be likewise declared excommunicat seeing they be excommunicated by the authority of the counsel of oxford in the dede doing. But if the clerkes which be taken and detained, be wanderers and unknown, if they be found in the possession of clerkeshyp they shall be required by the ordinaries of the places, of the king or of him that hath power to deliver them that he will deliver them, freely to be judged by the church. And if they be denied process shall be made, against the resysters and deteyners by the penalties above rehearsed, but if the clerkes restored to the chyrches be amersed by the secular judge, for any personal transgression, the prelates shall not compel the said clerkes to pay te same amersiamentes seeing they were not condemned of their own iudges. And if it chance the prelates to be dystrayned or attached for the same, they shall defend themselves, against such attachmentes or distresses by the foresaid remedies. The same thing shall be done as often as men of the church be amersed by a secular judge, for any such things as are be known merely to appertain to the spiritual court. ¶ certain things taken out of the kings answers. CIrcumsbecte agatis et infra. As concerning the mat{er} & business which is touching to the bishop of Norwich & his clergy not to ponysh them if they hold pley for those things that be more spiritual as for corrections which the prelates excercyse for deadly sin as for fornication, adultery, and such other, for the which sometimes corporal punishment sometimes pecuniary is enjoined specially if he that is convict be a gentylman. Also if the prelate punish for that the church is not made, or the chyrchyerde not closed, or the church not covered, or not commely ornated in which cases no other pain can be set, but pecuniary. Also if a person ask of his parishians oblations or tithes due or accustomend, or if one person pled against an other person for tithes great or small, so long as the fourth party of the church goods be not asked. Also if the person ask a mortuarye in these parties where mortuaries ar used to be given. Also if the prelate or advocate of any church ask of the person ony pension due to him, for al such pensions ought to be asked in the spiritual court. Also for layng violent hands on a priest. And in cause of diffamatiomple shall be kept in the spiritual court, so long as it is done for the correction of sin and no money is asked or required. ¶ Iohn stratforth. ¶ what so ever clerkes or lay do craftily or maliciously procede by the kings breves against them that be fautles and vnknowyng and as many as favour them that so do procede shall suffer the sentence of the great excommunication. DIerum inualescens malicia et infra. In so much as certain of our province maliciously intending against other, do craftily and privily obtain the kings breves or accounts or trespass, or other wrytes against them whom they intend to hurt, to be directed in to strayng counties where their adversaries never were, nor made contract or fault, nor ministered the goods of any other, and by that means so privily prosequuteth their aduersaries knowing nothing therof that they be other outlawed or bannysshed the realm, wherefore seeing that al process & sentence made against them that be thus vnknowynge and vndefended is justly by the lawe reproved. And that the malice of man ought not to be spared or fauered, we ordain that who so ever of our {pro}uince whether they be clerkes or lay that hereafter privily craftily or maliciously( as beforesaid) do obtain & prosequute, make and procure such breves or wittingly give counsel help or favour unto the same or ratifyeth and uphold them made in his name shall in the dede doing fall in to the sentence of the great curse. ¶ The same ¶ All that haue ordinary jurisdiction must keep their consistories sessions and chapters in places notable, & meet for vital or else they shall be suspended from church entry. EXcussis et infra. we do consider & plainly perceive that by means that certain offycialles of bishops archedeacons & other ordinaries of our province which keep their consystories, sessions, and chapters yearly from .iii. weeks to .iii. or from .iiii. to .iiii. in diverse places of their jurisdictions & deaneries do often times decline in those places where sale vytell is hard to be gotten, and charge with excessyue costs the persons and vicars of such places as they keep their consistores, sessions, and chapters in or of like places nigh hand to their great slander & reprove for if the persons & vicars of the chyrches at such times do not costly receive the offycialles after their desire, they seek colours & fain causes by the which they grievously molest and vex them. For the which things and other unjust causes, by determination of this present counsel, we ordain that all such consistories, sessions, and chapters from henceforth be kept in places most notable of the said jurisdictions and denaneries or at the lest where victuals may commonly be sound to sale. And that the officials and every ministers of ordinaries do their offices at their masters costs as well in keeping such consystories, sessions, and chapters as in other acts which they excercyse for their masters. And as for citations made unto such cons●stories, sessions, and chapters that be pointed to be kept in other places then is above mentioned with all process as shall happen hereafter to be made in thē we declare to be of none effect, by the lawe. And if the said officials if they for the speadyng of ther masters business require or execute costs of the said subjects or do vex or trouble them clothe occasion of non payment of such expenses we will to remain suspendyd in so doing from their office and church entry. ¶ Of holidays. ¶ simon mepham. ¶ Goodfriday which is holy must be spend hole in holy and godly service. according to our mind & desire which moveth us to look unto the health of mannes soul, we make our beginning at the very fountains of the saviour. And therfore we establish and ordain, that holy friday in the which our saviour the lord Iesus Christ after he had suffered many beatynges and wondes gave op his {pre}ciouse soul vpon the cross, shall be kept solemnly after the maner & custom of the church in reading with silence, in prayng with fasting, in compunction that is in wailing of sins with tears. By the authority also of this present counsel we straightly forbeade that no person henceforth intend vpon that day vile works or excercyse any other then works of mercy notwithstonding we make no law unto the poor men hereby neither yet do we forbid the rich men to minister in the way of charity their accustomend help whereby the poor mennes tillage is forderd. ¶ The same. ¶ The feast of the conceyuynge of the holy virgin Marye shall be kept holily and solemnly. furthermore because among all saints the memory of the most blessed virgin Mary mother of the lord is kept both often and solemn, and that so much the more as she is thought to haue found greater favour with god, who hath certainly ordained her conception predestinated unto the temporal birth and incarnation of his onely begotten, & unto the health of all people. That by this means the first beginning of our health( though they be somewhat far of) may increase devotion and health in all people, which haue in their devout hartes spiritual joys, we ordain and straitly command that the feast of the said conception be holily and solemnly from henceforth kept in all chyrches of our province of Canterbury, which thing we do following the steps of venerable Anselmi our predecessor, who considering other elder feasts of the said virgin thought the feast of her conception worthy to be added. ¶ simon Islepe. ¶ The feasts contained in this lawe must be kept solemnly in all other a man may do his accustomed work vnponysshed. EX scriptures et infra. By advisement and counsel of our brethren we be appoynted to recite in these presentes the holidays in which men must abstain generally through out our {pro}uince of Canterbury from all servile labours( ye though they be such as be profitable to the commen weal) first the holy sunday, which shall begin at the evening hour of the saturday, & not before that hour, lest we should seam to be partakers of the Iewes {pro}fession, which thing shall also be observed in all feasts that haue their vigils. The feast also of the lords nativity, of saint Stephyn, johan evangelist, innocents, Thomas the martyr, the circuncicion of the lord, epiphany of the lord, the purification of the blessed virgin Marye. The feast of saint Mathic thapostle, thannunciacion of the blessed Marye, the feast of Pasche with iii. dayes following, saint mark the evangelist, the feast of thapostles Philip and jacob, the invention of the holy cross. the ascension of our lord, Pentecoste with .iii. dayes following, the feast of Christes body, the nativity of Iohn Baptiste, the feast of the apostles Peter & paul, the translation of saint Thomas, the feasts of saint Marye Magdalene, of saint james the apostle, of saint Laurens, of the assumption of the blessed Marye, of saint Bartylmew, of the nativity of the blessed Marye, of the exaltation of the holy cross, of saint matthew the apostle and evangelist, of saint Mychell, of saint Luke evangelist, of the apostles simon and Iude, of all saints, of saint Andrew the apostle, of saint Nicholes, of the conception of the blessed Marye, of saint Thomas the apostle, the solempnites of the dedications of parish chyrches, & of the sayntes in whose honour the paryshchyrches be dedicate. And other feasts which for certain causes ar specially commanded in every diocese of the said province, by thordinaries of the places, & infra, in all other feasts of saints the used and accustomend works may be done without punishment. ¶ henry chychlen. ¶ The feast of saint George the martyr shal be kept double, after the maner of the more double feast, as well by the clergy as the lay, the feasts also of the holy bishops david & Chadde, and likewise of wenefrede the virgin shall be celebrate in their dayes with regimine chori and .ix. lessons. INeffabilis et infra. we that desire the laud of god to be enlarged and amplified in his saints in the which he is glorified in our province, be moved hereunto as well by the kings exhortacions and thinhabytauntes of this realm, as by the counsels of our felowbredren and clergy of our province, ye and also be assisted with the comformation and decree of our provincial counsel. And therfore following the godly and devout mind & affection of the old fathers toward the saints of god, by the express consent of our brethren the clergy aforesaid, we will, ordain & command, the feast of the blessed martyr S. George, to be kept solemn, under double office & after the maner of the more double feast, every year in all times to come, as well by the clergy as the people of the said {pro}uince thorough out all chyrches of the same. And we command all to cease vpon that feast from all servile works clothe all cities and places of the same province even likewise as they do vpon Christmas day, that the faithful people may the rather vpon that day come to gether unto their chyrches to the laud and praise of god, and may the more devoutly call for the help of that saint and the oftener pray for the king & the wealth of the realm, moreover by the authority of the said provincial counsel, we ordain and also establysse by these presentes that the feasts of S. david & Chard bishops & of wenefrede the virgin from henceforth through out all our province be kept in their times assigned that is the feast of saint david the first day, of saint Chad the .ii. day of march, of wenefred the .iii. day of november, with regimine chori & .ix. lessons, in all times to come. ¶ The feast of the putting down, of saint Iohn of beauerley confessor & bishop shall be kept the .vii. day of may, as the feast of one confessor and bishop of easter time cum regimine chori after the custom of Sa{rum}, but the day of his translation shall be kept with the feast of Crispin and Crispinian. ANglicane ecclesie & infra. By the wills and assents of our brethren the clergy being present in this counsel, and nevertheless at the special instance and request of our king the most christened prince, we haue minded the memory of the most blessed confessor and bishop Iohn beuerlack, to be enhanced every where through out our province with devout minds and vows. And therfore we establish & by the counsel & assent of our foresaid brethren, we ordain for all times hereafter to come that the feast of the deposition of the said saint which is known to fall the .vii. day of May, that is in the morou of saint Iohn before the gate latin, be perpetually kept clothe out our said province, after the maner of the feast of one confessor and bishop of easter season cum regimine chori after the use of Sa{rum}, but for so much as in the feast of his translation which falleth yearly the .xxv. day of October it hath been of old time accustomend in all chyrches almost of the said province to serve the saints Crispin and Crispinian after the use of Sa{rum}. Therfore lest the bringing in of one feast should be thexcludyng of an other, but rather that under the gladness of one feast the said martyres might be honoured to gether with the said noble confessor, by the agreeable consent of our said brethren and the clergy, we establish, decree, and ordain, that henceforth yearly the said .xxv. day of October, shall be celebrate every where clothe our province with .ix. lessons, whereof .iii. first shal be proper to saint Cryspyn and Cryspinyan, and .iii. mean of the translation of saint johan before name, and .iii. last of the exposition of the gospel of many martyrs with the service that is used in like feasts after Sa{rum}. ¶ Of sequestrynge possession and fruits. ¶ Iohn stratford. ¶ Violatours of sequestrations made in cases by the lawe permitted after publication made in due time and place, shall incur the sentence of the great excommunication, except ther be a lawful appeal from the same sequestration. FRequens peruersorum et infra. By deliberation of this present counsel, we establish that who so ever within our province do violate or break sequestratyons made by the bishops or their vicars general, or their offycialles principal for just causes and true, and by the lawe permitted, in the church goods or in other after publycation be ones duly made, in such places as the sequestered goods be, shall incur in so doing the sentence of the great excommunication, nevertheless if appellation be made from the sequestration and be lawfully prosecuted hanging the apeale the possessioners of the sequestered goods and other may use the same goods freely and vnponyshed. ¶ Of presumptions. ¶ Stephyn. ¶ None that renounseth or giveth up his church may receive of his substitute the vicarage of the same, if he do both shall be deprived this of his vicarage, and he of his parsonage. NE lepra et infra. we forbid any maner {per}son renouncyng or giving up his church, to receive of his substitute, the vicarage of the same, in as much as it may be vehemently suspected or presumed, that such things be done by unlawful pactions, but if any presume to do it, the one shal be deprived from his vicarage, and tother from his parsonage. ¶ Of oaths. ¶ Stephyn. We determine by this {pre}sent statute, that the bishop shall receive an oath of him that is presented, that he hath neither promised neither given ought for that presentation unto the presenter, neither made any compaction with him for it, specially if he that is presented seem likely to be suspected therof. ¶ Boniface tharchedeacon. EVenit et infra. we establish that when the prelates and ecclesiastical iudges inquire the faults and excesses of their subiectes that deserve punishment the lay be compelled if need require by sentences of excommunication to give an oath to say the trouth. And if any withstond or let this oath to be given, he shall be brydeled with the sentence of excommunication and interdiction. ¶ Robert wynchelsen. ¶ stipendary chapleyns that will serve in a parish church before they celebrate must give an oath to keep fidelity toward their superiors and peace and concord amongs all the parishians as much as in them is, if any be convict of perjury, he shall be forbyden his office, but these oaths ought gently to be received of their superiors. PResbiteri stipendiarii et infra. The said preestes shall swear the sunday or holiday after their admission at mass time before the persons vicars or such as be in their stede, or else before the ordinaries of that place the holy scriptures opened before them and looked vpon, that they shall work no harm or prejudice to the parish chyrches or chapels, in which they celebrate, or unto the persons or vicars or unto thē that keep their places or haue any maner of intereste, about their offerings portions fruits mass pens minds trentals, or any other maner rights what name so ever they bear, but rather as much as in them is, shall keep & save them harmless in the premisses. The said preestes shall also specially swear, that they shall in no wise, raise uphold or nourish hatred evil occasions tidings & stryffes betwixt the person and the parishians, but as much as in them is, shall noryssh & keep concord amongs them. we will moreover & firmly enioyninge command that the preestes above name presume not to celebrate in such chyrches or chapels, before they haue given an oath under the form aforesaid, if so be the {per}sons, or vicars, or other above specified will & require them so to be sworn, decreyng & ordeynyng that if any such priest presume to celebrate contrary to this prohibition in any place so forbeadē, in so doing, shall incur irregularite, beside other pains, which the canons doth appoint to the violatours of holy constitutions, but if it chance the said chapleyns being as aforesaid sworn to be conuycted by lawful proves before a competent judge vpon the violation of such their oath, or therof be defamed, & can not make ther purgation, they shall be utterly removed & forbeaden as perjured persons to celebrate within our province until such season as they be dispensed with canonically therein & infra. And the said persons or vicars or such as keep their places ought gently receive the said oaths & shall haue a copy in their chyrches of the premisses & other statutes that be made in this behalf. ¶ Of apeales. ¶ Iohn stratford. FRequens peruersorum et infra. yf apellation be made from the sequestration & be lawfully prosecuted as long as the apeall hangyth the possessioner of the seqnstred goods & other, may use them freely without punishment. ¶ simon messam. IN a counsel kept at Oxford, a certain statute was made( as it is said) by the which amongs other things men be forbid friuolly to apeale, from any judicial greyf before the diffinitiue sentence. And that all advocates & procurators of that consisistorie shall be bound by an oath & by other things in the statute contained to the observation therof. And shall be punished if they any thing do to the contrary, which statute although it be ouercaste in the outsyde with a fair colour of words yet in very dede, it is brought in, to take away the remedy of apeale from them that be oppressed. And therefore we utterly reprove & dysannull that statute & what so ever hath followed therof. And all them that haue made any oath to observe that statute, we absolve from the same. ¶ The end of the second book. ¶ The thyrde book. Of the life and honesty of clerkes. ¶ Stephyn in Oxford counsel. ¶ All prelates name in this constytution, must go in clerkly habit and close gowns, neither any clerk shall go with a long busch or in a lay garment, but onely in case of lawful fear, and let all be compelled to avoid surfetynge and dronkenes. THat the due honour of the order of clerkes may be observed and kept we ordain by authority of this present coumsel, that aswell archedeacons as deacons & all other that be put in pre-eminence and dignity, likewise all deans rural and preestes shall go comely in clerkly habit, and shal use close gowns, the same thing let the offycialles of the said archedeacons do, when they be in the consistory, moreover none of these clerkes neither any other shal nourish their hear, but must go honestly rounded and conveniently crwoned, except parchaunce any just cause of fear shall require the habit to be transformed, let all clerkes also utterly and diligently abstain from much eating and drinking, and other things, which deface their honesty. And to observe and keep all these things diligently, they shall be straightly compelled by their superiors according to the form of the general counsel. ¶ Iohn peccham. QVamuis religionis et infra. Cleuynge fast to the statute of lord Octobone ones legate in england of the apostolic see, we ordain and straitly command that every clerk being within holy ordres were his outward garments unlike to the garments of warriors or the lay which be badged before and behind or at the leste unlike in fashion for the honesty that becometh them. & who so ever {pre}sume otherwise to do as long as he beareth the habit of a contrary faschyon he shall be suspended from church entry. And where as the legate aforesaid hath made a decree against clerkes that were coyphes openly before the prelates or the people, that if they be monished and amend not, in so doing they shall be suspended from their office, in which state if they stand .iii. months, they shal thē be suspended from their benefice, from which suspension they may not be absolved, but they give the sixth parte of the goods of their church to be distributed to the poor people by the bishops hands, and yet shall nevertheless be otherwise punished at the arbitrement of the prelates. we perceiving that statute to haue been hitherto of small efficacite, because that the inferior prelates dare not monish such monstrous clerkes( and therfore through their cowardnes some be fallen in to the pains limited by the said legate) and such clerkes seldom show themselves in the bishops sight, do therfore decree & establish that all monitions ceasyng( seeing the ignorance of the law may not excuse clerkes) as often as they were such coyphes openly before the people or prelates, except it chance in iorneynge, for their arrogant frowardness shall fall in all the said penalytes, we command moreover that hereafter special inquisition be made for such in every deanery, & of what degree or pre-eminence so ever they be, that process be made against them according to the form of the lawe. ¶ Iohn stratford. EXterior habitus et infra. By approbation of this holy counsel, we establish and command that who so ever obteygne ecclesiastical benefices in our province, that they( specially such as be within holy orders) bear the habit and tonsure of clerkes competent unto their state. And if any clerkes of our province go openly within the same, having their superior vesture notable short or straight, or their greves excessive long & large, hanging down so that their cubits may be sene vncouered, or with their hear vnrounded, or with long beards, or use rings openly vpon their fingers( except such as it becometh by reason of their dignity & honour) or else, exceade in the premisses or any part therof, except when they be warned they amend themself and effectually, within .vi. months after they be found fawtie cast from them all such excesses, if they be beneficed( the .vi. months ones past) they shall incur suspension from their office in so doing In which suspension if they stoude .iii. months following, they shall be suspended from their benefices without any monition, by the lawe, neither shall then be absolved from such sentence by their diocesanes( to whom we reserve their absolution by the authority of this present counsel) before they haue payed the v. parte of ones yeres fruits of their ecclesiastical benefices, which parte shall be faithfully distributed within .iii. months after, by the same diocesans in whose diocese they obtain such benefices unto such poor people, as dwell in the places of their benefices. And if they medyll with the divine service or administration of the said benefices, as they did before, as long as such suspentions doth endure, in so doing shall be deprived from their benefices, but as tochyng clerkes that be not beneficed and show themself openly and cōmēly for clerkes, if they walk at large in the premisses or any parte therof except when they be monished, they effectually within six months amend themself, for so doing shal grind unable by the space of .iiii. months to obteygne ecclesiastical benefice. And beside all this, such as bear wolf for clerks and be studiantes in the vniuersites of our said province, if they with effect abstain not from the premisses shall be unable in so doing unto all degrees and honours in those vniuersites until they show in their manners & outward behaviour ripe discretion and sadness that becometh honest scholars, other penalytes that be made against such transgressors nevertheless standing in their effect and might. And yet will we not forbid by this present constitution, but that clerkes may use in places and time convenient their supertunicalles with competent greves( in which they were wont to sit at their meate) and also when they journey may take and use short and narrow garments as it shall seem to them good for the time onely of their journey, but for so much as bishops may not boldly rebuk other if they correct not themself, and their own household in this behalf, we ordain that the bishops of our province observe and keep becomlines in tonsure garments and other things before rehearsed and cause the clerkes of their house likewise to do. ¶ Of the dwelling to gether of clerkes and women. ¶ Stephyn in the counsel of Oxford. VT clericalis ordinis et infra. Clerkes that haue benefices or holy ordres may not be bold to keep concubines openly in their houses, neither may haue open haunt to them in any other place with slander. And if it chance that their concubines having open monition will not depart from them, let them be even dreuyn from the church of god, which they haue presumed so to slander, & let them not be admitted nor received unto ecclesiastical sacramentes. And if they will not so abstain, let them be landmen with the sweerde of excommunication, and then at last let the secular power be called vpon against them. And as for the clerkes themselves a●t●r they be ones canonically monished, we will they be looked vpon by subtraction of their office and benefice. ¶ Of the clerkes that be married. ¶ richard. IF any clerkes under the ordres of subdeacon contract matrimony in no wise may they be separated from their wyfes, except by their commen consent they will go to religion and there continue in the service of god, but as long as they live with their wyfes, they may by no means receive ecclesiastical benefice. And they which being in the orders of subdeacon or above, get them unto matrimony shall leave their women ye though they be never so loath and will not thereunto consent. ¶ Henry chychlen. BEcause that clerkes married, bygamyes and also lay persons do take vpon them to excercyse ecclesiastical jurisdiction, and to inquire and search punish and correct, sometime in their own name and sometime under the shadow and cloak of an other mannes name, such crimes and excesses as appertain to the iudgement & ponysshment of the church and to decree letters of excommunication and suspension. And also be scribes & registers of such matters of correction and the keepers of the same registers, by means whereof the church sofferyth no little slander and the authority and censure therof is little regarded. Therfore we purposing to withstond such slanders and to look vpon the honesty and honour of the church in following the steps of the holy canons by authority of this counsel ordain and establish, that no clerk married bygamus or lay shall excercyse from henceforth within our province of Canterbury any maner spiritual jurisdiction under any colour either in his own name or any other persons name, or shall be scribe or register in causes of correction, that is to say when process is made for the correction of the soul, or by office of the judge, or by any means shall be the keeper of the register of such corrections. And what so ever ordinary under the degree of a bishop, or other person having ecclesiastical jurisdiction do presume to take and receive a clerk, married, lay or bygamie, unto the premisses or any of them, or after the space of .ii. months from the time of publication of this constitution do wittingly suffer or keep him in the office of such jurisdiction, or do not really remove him which is admitted, or shall hereafter be admitted, he shall incur in so doing the pain of suspension from excercysyng such jurisdiction, and also from church entry, moreover what so ever citations, processes, sentences, acts, and gestes be had or made by the said clerkes married lay or bygamyes in the premisses or any of them after the maner before rehearsed, shall be of no value, but shall be vain void and of none effect in the lawe. And the same clerkes married bygamies or lay if they take vpon them the premisses or any of them contrarys to the prohibition of this present counsel, shall incur in so doing the sentence of the great excommunication. ¶ Of the cler●●s that be not resident. ¶ Stephyn in the counsel of Oxford. STatuimus et infra. bishops must provide and see that they be resident in their cathedrall chyrches at some great feasts. And at the least in some parte of lent, as it shall seam to them expedient for the fowls health. ¶ The same Stephyn. cum hostis antiquus et infra. we must diligently beware that the care of the lords flock be not committed unto such as either clothe negligence will not, either clothe ignorance can not diligently intend( as it becometh) the charge committed unto them. And therfore we ordain that no bishop admit any to a vicarage, except he will personally minister in the church where the vicarage is that is given him. And also be such one as may within short time be ordered in to a priest, but if any be admitted, & will not be priest, he shall loose his vicarage, And because it is against honesty that chyrches should grind desolate of shepherds through their small aduauntages and profettes, we ordain by this present deere, that chyrches which be not in profectes above .v. marks shall not be given, but to such persons as may be resident in the same, and minister in their own {per}sones, but if it chance any such to be admitted as will not be resident or minister in the same after they be ones warned by the bysstop of the diocese let them be deprived seeing the lords bread ought not to be given but to them that labour. ¶ Iohn Peccham. PReterea et infra. we establish that persons which make not corporal residence in their chyrches, neither haue vicars, shall keep hospitalite by their farmers or stuardes according as the chyrches may bear, so that at the lestwayes the extreme necessity of the poor parishians be holpen and releuyd, & such as passeth by preaching the words of god may reccyue necessary bodily food, lest their chyrches be forsaken of preachers clothe the violence of poverty, for the work man is worthy of his meate, neither any is bound to go a warfare at his own coste & charge. ¶ Iohn Stratford. IN decimis et infra. By approbation of this counsel we ordain that religious persons, having ecclesiastical benefices within our province shall yearly dystribute unto the poor parishians of their benefices, a certain quantity of alms, which shall be limited at the arbitrement of the ordinaries of the same places after the value of such benefices, whereunto they shall be compelled of their bishops by pain of sequestration & subtraction of the fruits & profectes of such benefice, until they obey competently in the premisses. ¶ Stephyn in the counsel of Oxford. ¶ Of prebends. QVia iuxta sanctiones canonicas & infra, we establish and the holy counsel approuyng we straightly inhibyt, that henceforth no church be committed unto many rulers being al persons to be governed, but where as many persons be in one church, we ordain that as every one departeth the portion of the dead shall increase & grow unto the living until the personages of that church be come in to one onely, neither many vicars hereafter shall be made in one church, such chyrches being excepted from this statute, which haue of old time ben divided. ¶ Iohn Peccham. AVdistis et infra. according to the form of the general counsel we decree, all benefices having care of souls, which they obteygne in dede, that haue not apostolyk dispensation, for the pluralite of such benefices, to be void by the lawe, clothe the receiving of that benefice, which they last received. And albeit he that so receiveth many benefices, is deprived by the lawe from the last after the rigour of the constitution of lord Octobone, seing that by the said constitution, the institution is void by the lawe, we not withstanding intending to beware that we seam not to heap rigour vpon rigour and clearly perceiving and marking the mind & intent of the constitutions aswell of the general counsel as of the lord Octone, whereof neither taketh away the benefices before obtained, and also the last. But the general counsel taketh away onely the foregotten and reserveth the last. And the constitution of Octobone decreeth the institution in the last to be void by the lawe, and yet taketh not away the foregottē by the lawe, wherefore we( as is said) mynglyng mercy with rigour do permit, that he that hath gotten without the popes dispensation many benefices with care of souls, shall be content with the last bnfice so obtained according to the teanour of the general counsel, except parchaunce of raschenes he strive to keep boldly the foregotten also, in which case we judge him worthy neither of the first neither of the last, no neither of any mean or other, but rather all to be void by the law, ye and all to be taken from him for ever in asmuch as he keepeth them gootten in dede, but not gootten by the lawe et infra. we also decree and for ever ordain, that who so ever henceforth receive many benefyces, all having care of souls, or otherwise imcompatible without the popes dispensation, or get them by way of institution or commendam or custody, otherwise then the constitution of gregory made in the counsel of lions doth permit, the same in so doing to be deprived from all benefices that he hath so obtained, and moreover for so doing to be wrapped in the sentence of excommunication, from which he shall not obtain the gift of absolution, but onely by us or our successors or by the apostolic see. ¶ Stephyn. ¶ Of institutions and commendams. QVia iuxta et infra. we ordain that no prelate when he giveth church or prebend, shall presume by any means to usurp to himself the fruits of the said church, or {pre}bend which be not yet gathered, or shall dare extortly to take any thing for the institution or putting in possession or for writing to be made therof, or suffer his offycialles or archedeacons any thing so to take. ¶ The same. cum secundum Apostolum et infra. yf any be canonically {pre}sented unto a church no man speaking against it, we decree that the bishop in no means shall differ above. ii. months to admit him that is presented so that he be able & meet, or else what so ever chauncethe to be received of the same benefice after the presentation, let it be restored unto him when he is instituted as farforth as those fruits be come to the bishops hand. The archdeacon shal do likewise if he haue bē the cause, whereby he that was canonically {pre}sented, was not admitted within the said time, except he prepose to show some reasonable cause before his superior when by him he shall be required for the same, that is to say, for what cause he did not admit him within the time appointed in this counsel. ¶ The constitution of johan Peccham. EX solito cursu causarum et infra. we ordain that every bishop shall grant & give unto the clerk whom he admytteth to a church, letters patents vpon his admission containing amongs other things in what order he is, and by what title he is admitted to such benefice. ¶ Iohn Sratford. ITem quia archidiaconi et infra. By approbation of this holy counsel, we ordain, that such as be bound at the superiors commandment to induct, them that be admitted unto ecclesiastical benefices, shall be contented for such their inductyng with moderate expenses, that is, if the archdeacon induct he shall be content with. xl.d if his official, with ii. s a day for all his own expenses and his waiters, putting him that shall be inducted, nevertheless to his choice whether he will provide for the inductor & his servants in such quantity of money, or else in other things necessary, if any thing above this be received of the inductors, by occasion of the {pre}mysses, or else if they receive any more for the induction or if it happen them by any colour without cause reasonable to differ their induction or the making of letters certificatorie or their deliverance, to such as be inducted, we will them that be culpable in this behalf to incur suspension from office and church entry in so doing, until all be restored that is received contrary hereunto & full satisfaction be made to him that is hurt through their fault in the premisses. ¶ Of the gift of prebends. ¶ Stephyn in the counsel of Oxford. NE lepra et infra. we utterly think this an inconueniens, that where one is person of a church, there should any thing in the same church be given unto an other by his consent under the name of a parsonage, except he that is person al redy do purely resign first the hole church, we also ordain that it shall not be lawful to any whether he be patron, person, or vicar, to assign ought in the church to any other under the name of a benefice as though it were lawful to keep this with an other benefice, whereunto the care of soul is annexed. ¶ Boniface. ANostris maioribus et infra. we ordain and make decree, that the bnfice of holy water shall be given unto poor clerkes. And for so much as we haue hard that stryffe sometime hath risen betwixt the persons and vicars of chyrches and their parishians vpon the giving of such benefices which stryffes as it is to us pleasant so ought we to cut away, we decree and ordain that the same persons and vicars( to whom it more appertaineth to know, which be apt and meet for such benefices) shall endeavour themselves to make such clerkes in the said rooms as can and may conveniently serve and intend them in divine service after their minds, and will be obedient unto their commandments, from whom if the parishians will frowardly withdraw the accustomend alms, let them diligently be monished to give them, ye & if need be let them be straitly compelled by all maner ecclesiastical ponysshementes. ¶ Iohn Stratford. ESurientes auaricie et infra. By foresyght of this present counsel we statute that what so ever clerkes hereafter do procure wolf to be presented unto dignity parsonage, office or prebend or to any other ecclesiastical benefice being yet full & possessed in dede by other, or cause any such to be given unto them by any maner person. And afterward directly or undirectly by virtue of brief quare non admisit, or quare impedit or any other like do sewe against the bishops or other in secular court making no mention in the said brefes of the unlawful possessioners of such benefices, and that they haue ben lawfully called before their ordinaries and yet not removed, shall incur in the dede doing the sentence of the great excommunication, and so being excommunicated in no means shall be admitted to such benefices, but shall be counted unable for ever unto them, except they first cause inquisitions to be made at the ordinaries commandments vpon the causes of the pretensed vacations, and also cause the possessioners canonically to be amoued by the ecclesiastical iudges competent in that behalf, but if any contrary to this be instituted or admitted in fact unto a benefice possessed by an other, such institution or admission shall lack effect in the lawe. And who so ever doth so institute or admit other by his own right other by right committed unto him, any so presented( the possessioner of that benefice by sufficient authority & sententially in ecclesiastical court first not removed) know he himself so long to be suspended from office and benefice until the benefice with all damages and losses be restored unto the possessioner as congruyte requireth. And he that so is instituted or admitted if he suffer himself to be inducted contrary to this statute, in a benefice obtained by an other, shall be taken as intruded and shall incur in the dede doing the penalytes of intrusion, which be contained in the constitution of Octobone, whose beginning is amoris proprii, and all other penalytes decreed by the canons and holy fathers, notwitstandyng we intend not through the {pre}mysses to derogate the power of ordinaries, but that they may give the benefices apparteynynge to their collation, who so ever be possessed in fact, and not by the lawe, neither by this constitution will we bind them that admit the collation of their benefices. ¶ Of church goods not to be alienated. THat the chyrches indempnites may be provided for by authority of this present counsel we ordain, that no abbot or prior, no archdeacon or dean, or other having parsonage or dignity, neither any inferior clerk presume to sell, pledge, or mortgage or to give in fee of new, or any otherwise to alienate to his kin or friends, or to any other, the possessions or profectes of dignity or church that is committed to them, the form & maner of the canons therein not observed. And if any dare do contrary to this, both the thing that is done shalbe of no value. And also he that doth it shall be deprived by his superior from dignity or parsonage, or church which he hath so hurt, except he will at his own cost without the church damages call back again that he hath alienated within certain time prefixed by his superior. And he also that hereafter receiveth the church goods & after he is warned presumeth to withhold them, shalbe streken with the sword of excommunication, and in no wise shalbe healed of that wound until he hath made restitution the same thing also shall the greater prelates observe and keep. ¶ Stephyn. VT secundum canonicas sanctiones et infra. we will that the prelates of religious houses, neither sell, neither freely give to clerkes or lay, corrodyes or stipends for ever or for a time except vrgente necessity require it, & the diocesan thereunto consent. ¶ Of letting out and hyryng. ¶ Stephyn in the counsel of Oxford. VT vere videamur et infra. we ordain, that such chyrches as be deputed to certain persons be let to ferme to none without a just cause approved by the bishop, and then by his consent to be let to some person within orders, which may be thought to bestow the chyrches fruits in good uses. ¶ Iohn Peccham at Lambeth. VEndentes et infra. Chyrches may not be set to ferme but to men of the church of pure life and honesty, which the byshops of that parties may freely correct & order, & in such setting it must be provided that a good portion agreeable to the law, which is the .iiii. parte, be assigned by the bishops arbitrement out of such farms to be faithfully distributed to the poor parishians so that .iiii. credable persons of the same paryssh may witness it truly to be done. And that all feigned and coloured bargayns may be excluded from such outlettynges & fermes, by which the chyrches be granted and the ferme letten to the lay in the persons of clerkes falsely surmysed, or under the name of the holy water clerk we ordain the holy counsel approving the same, that if any clerk be found in such craft he shall be punished according to the statute of lord Octobone, ye and more grievously if the prelates think it expedient. ¶ Iohn Straford. LIcet bone memory et infra. By approbation of this prouincyall counsel, we add unto the constitutions that be made before, ordeynyng that as oft as any ecclesiastical bnfice of our province from this time for wards is set to ferme to a clerk and a lay, or the name of a lay is put with the name of a clerk in the instruments made vpon such lease, or a clerk is feigned to be the farmer when in dede he is not, or else if any lay gether in their own name the fruits, rents, and proventes of benefices set to ferme, and conuerte thē directly in to their own uses, such contracts shall not hold, nor either parte shall be bound to other, but as well the setters as the receivers of benefices henceforth after that maner we will to be punished( the addition of the clerkes name notwithstanding) by loosyng the thyrde parte of the proventes of the benefice so set, or the value therof, to be paid of both( if both be able) or else of the setter( if the receiver be not able) unto the cathedrall church of that place. And because religious {per}sons & other which haue ecclesiastical benefices of our {pro}uince unto their own {pro}per uses, affirm themself not to be bound by the said constitutions, by consent of this present counsel, we ordain that if they set to ferme such benefices, or their portions of tithes and proventes, which they receive in thē by virtue of appropriacion to clerkes, the diocesans licens not obtained or by any means to lay people, or how so ever contrary to the tenor of this present constitution or other, they shall henceforth suffer the same penalty. ¶ Of gauges. ¶ edmond. We forbeade any man to strive or contend to keep the gauge after he haue received the principal debt of the fruits of the said gauge, above all expenses, for it is usury. ¶ Of donations. ¶ Iohn Stratford. COrdis dollar concutimur et infra. By deliberation of this present counsel we will that all and singular in our province, which having any likely conjecture of death to draw nigh, do presume to give all their goods or any notable quantity of them amongs the living, or make any other alienation of evil purpose or fraud, so that the church, the king, or other creditours unto whom the said gyuers or alienatours were effectually bound, should be defrauded of their rights, or their wifes or children should be defrauded without recovery of their portions due unto them, other by lawe other custom, secoundarely all such as intend the syk at their last end and all other times if they counsel or temerously procure such donations or alienations to be made, and all such as withdraw the syk & other by counsel or evil suasions, from the mind of testament making by means, whereof certain it is that the free testament making is let and the church, & other above name, be maliciously stopped from their right. readily all such as be of knowledge and consent of the said fraud or malice, and all that receive the things so given or alienated, or give counsel or favour thereunto shall incur in the dede doing the sentence of the great excommunication. And not only that, but also they that so give or alien such their goods within our province, for their great and weighty offence shall lack ecclesiastical sepulture, any maner absolution given from the said sentence notwithstondyng. And lest the dyfficultye of prouynge the said fraud or malyciouse purpose should make our provision without profit or effect, we statute and ordain that as often as any of the said province shall other give goods as aforesaid, or other wise by any title alienate them hole or in so notable quantity that it may appear that of the residue the church & other creditours can not be satisfied of their deuties and their wifes & children of their said portions, as it is becommyng, so often the said donation or alienation shall be judged in that dede to be made by fraud, or some malicious intent no farther prove therof required. ¶ Of the peculiar or proper of clerkes. ¶ Stephyn. QVia plerique et infra. By expedient foreseyght we decree, that clerkes beneficed may not bestow the chyrches fruits in lay fee, or presume to bye houses or lay possessions or build houses in lay fee, for their concubines or children, or minister money to bye such with, for their need, that by this means occasion of evil doing may be taken away, and if any be suspected vpon just causes herein except he purge himself at the superiors iudgement he shall be punished at the superiors discretion. ¶ Of testaments. ¶ Stephyn. VT clericalis et infra. Although we would that the lawful testaments of beneficed clerkes which depart should be kept, yet will we not that ought should be left by testament to their concubines, but if ther be, the hole to be converted at the bishops discretion unto the use of that church which the dede ruled. ¶ Stephyn. FOr as much as religious persons may not by the lawe possess any thing proper, which at their entry in to religion gave both themself, & also al that they had at ones unto god we presently diffyne that no person being in regular order may {pre}sume to make tement seeing he hath no temporal thing of his own, whereof he may make an other the owner. ¶ Iohn Peccham. REligiosa sinceritas et infra. where it is well provided by certain statute made at Lambeth, that no religious persons of what so ever profession they be, may be thexecutours of testaments, but by the will and licens of the ordinaries, we adding more thereunto do ordain that no religious shal be suffered to be thexecutours of any testament except his superior will pledge or be bound for him that he shall sufficiently execute, giving a full and faithful bearing of the residue if any be, & also without any stickynge shall make answer to the ordinary of that place, for losses and damages if any through him shall arise. And because that certain which bear the habit of religion, although they be not made executours, be made nevertheless sometime of their own head and sometime by the folysshnes of other, the distributers of the deeds goods, whereof we se great hurt and losses to come unto such goods, therfore we command the same thing to be observed about such dystribution, as is before provided for the execution, forbeadynge them under the pain of anatheme, that is eternal damnation, otherwise to medell with such execution or distribution, wherefore such as can not give sufficient caution, know they that by determination of this present counsel wolf to be excluded as well from execution as distribution of such goods forever. ¶ simon Mepham. ALso because the ordinaries of places, hath ben hitherto( as it is reported) very heavy and costly unto the executours of testaments, by seeking out delays, crafts, & cautels about the insinuation of testaments, and commyttynge of the administration, to the intent they might the rather milk thē of their money, we ordain that for the insinuation of a poor mannes testament whose inuentarie passeth not a. C.s. sterlynges, nothing in the world shall be required. ¶ Iohn Sttratford. CAlling to mind the statute made by Boniface of good memory ones archbishop of Canterbury our predecessor conternynge the goods of them that die intestate, and the last wills of ascriptes and of other men of servile condition whose beginning is, Ceterum contingit interdum. & c̄. which statute of late is called in to doubt by many men, we therfore( some things added unto the same and some things taken away as i●… appeareth by the words ensuing) do ordeyn●… the same firmly hereafter to be observed 〈…〉 kept, but it happeneth some times that whe●… lay people and clerkes by the hand and iudgement of god depart intestate, the lords of the feodes will not suffer the debts of the deeds to be paid of their movable goods, neither will suffer the said goods to be dystributed in the uses of their wifes, they; children or parentes, or that portione, which after the custom of the country appertaineth to the ded otherwise to be bestowed for them at the disposition of the ordinaries. Other ther be that letteth or causeth to be let the fre making of testaments and their executions, & the last wills of ascriptes & of other {per}sons of servile condition of women also both unmarried & unmarried, & of their own wifes and of other mennes wifes, which things they do as well against the laws as against the customs of the church hitherto approved unto the displeasure of the divine majesty and evident hurt and injury of the chyrches rights. wherefore by authority of this present counsel we decree all and singular that hereafter offend in these things or any of them to be wrapped in the sentence of the great excommunication, moreover when testaments be proved and allowed before the ordinaries of the places( to whom it appertaineth) the proving or allowyng of such testaments shall in no wise be required or called again of the lay iudges, except it be by reason of lay fee if any happen to be bequeathed in a testament, neither clerkes or lay of what so ever condition they be shall hinder or let, but that the testaments and last wills of the dead may go forward and take effect in such things as may be bequeathed by custom or lawe. And if ther be any that daro do hereafter contrary to these things, know they wolf to fall in to the sentence of the great course by authority of this present counsel. And against them & other which work wickedly in the premisses, we decree the spiritual sword to be exercised as against violatours and disturbers of the chyrches liberties. we forbeade also any executor of testaments to be suffered to mynystre the goods of any testator, except a true inuentarye be first made of the said goods, the funeral expenses, & such as shall be spend about the making of such inuentarie onely excepted. And we will this inuentarie to be delivered to the ordinaries of the places within the time appointed by their discretions, & after that the testament be proved before the ordinaries according to the maner, the execution or administration of such goods shall not be committed unto any but such as can &( if need require) do give sufficient caution and faithful promise to make adue r●kenynge of their admynystration, when they shall be conuenientely required thereunto by the ordinaries of the places. Also we ordain by authority of this present counsel that no religious persons of what so ever profession they, be may be executours of testementes except it be granted by the will and licence of their ordinaries and the parish church receive his accustomend duty of the portione that appertaineth to the d●●d, w● ordain moreover that no executor may take or appropriat unto himself any thing of the deeds goods, whose testament he executeth, other by title of byeng or any other title, but that is given unto him of the testator being a live, or is left in his testament or last will, or is appointed at the ordinaries discretion for the labour of the executor, or was own unto him by the dede, or is due for moderate expenses of his administration under pain of suspension from church entry, in to which we will them that do the contrary to incur in so doing, whereof they shall not obtain absolution until they haue restored the things so taken or unjustly appropriat and haue paid of their own goods unto the fabric of the cathedrall church, whereof the dead was subject, double the things which they so take or ap{pro}priat. All and singular the above written we command solemnly to be published twice every year in every church through our province of Canterbury. ¶ The same. IT a quorundam et infra. we ordain that bishops and other inferior ecclesiastical iudges of our {pro}uynce of Canterbury, shall in no wise by any craft or colour meddle with the goods of clerkes beneficed, which may by the custom of england make their testament, or with the goods of any other testator, except it be in cases expressly permitted, but he shall suffer the excecutours of their testaments freely to dispose & order the same. And the goods of them that die in testate such as remain after the debts paid they shall dispose & dystribute in charitable deeds for the soul health of the deeds and unto such persons as were kin servants or neighbours of the deeds, or such other reteynynge nothing therof to wolf( except it seam reasonable somthynge to be retained for the ordinaries labour) under pain of suspension from church entry, wherein we will ecclesiastical iudges doing the contrary to incur in so doing until they haue made competent satisfaction in the premisses. ¶ The same. ADeo quorundam et infra. we ordain that for the proving or alowyng or insinuation of any maner of testaments, there shall nothing in the wordle be received by the byssoppes or other ordinaries notwithstondyng we grant the clerkes that writ such insinuations to receive for their labour onely. vi.d. but if the inuentarie of any deeddes goods be found to pass the sum of. xxx.s. and yet cometh not to. C.s. the bishops or ordinaries or their deputes and the auditors of countes or other ministers intending such accounts may not presume to take above. xii.d. for the acompte hearing and all things to be done about the same, or for letters of acquitaunce, or any other, but if the said inuentaries contain the sum of a. C.s. or more, and yet under. xx. li.. they that intend the comptes and other ministres beforesaid shall be contented with. iii.s. for their labour for the letters of acquitaunces, and for other things above rehearsed. And if they contain xx. li. or more and yet less then .lx. li. they shall not take above .v. s. for their labours letters and other wryttynges, but if such inuentaries come to the sum of. xl. li.. or more, and yet not to a. C. li. they may receive. x.s. for the premisses and not above. And if the said inuentaries contain the sum of. C. li. or more, and yet not. C. li. they shall not presume to take for the premisses above .xx. s. and so ascending or proceeding farther for every fystye rising, they may receive. x.s. ever and beside the said. xx.s. and not above, notwithstanding we permit to the clerkes to take, for every letter of acquitaunce, that they writ above the letters beforesaid. vi.d. for their labour. And if it chance that any of them do take in any case afore wryttē by any maner of cautel couen or craft above the sum taxed, whether it be in ready money or other things he shal be bound to give within a month towards the works of the cathedrall church of that place, double that which is received above duty, or else if they be bishops that differ above the said time to restore the said double, know they that church entry is forbeadem them. And if they be inferior ordinaries they shall be suspended from office & benefice until they make full payment of such double to the said cathedrall chyrches. And in no wise letters of acquitaunces shall be granted or given to the executours of testaments in the time of their probation alowynge or insinuation or afterwards before the executours haue made a faithful accounts of their admynstration under pain of suspension from church entry by the space of .vi. months, in to which we will them that do the contrary to incur in so doing. ¶ Of sepultures. ¶ Iohn Stratford. QVia sepe & infra. we inacte and ordain clothe our province that hereaftrr when men of the church haue done diriges and other service for the ded, none shal be received in to the private houses( where the bodies of tentymes do rest until buryinge time) to keep night watches as they use, the freyndes and kinsfolk of the dead onely excepted & such as perchance will say psalms for the dead, under pain of the great excommunication, which sentence both they that keep watches contrary to the premisses, and they also that receive thē haue a good cause to fear. ¶ Robert wynchelsen. BEcause we much desire to quench the stryffes which often rise betwixt the persons of chyrches and their parishians, we make and ordain that if he that departeth haue in goods .iii. beasts at the lest or more, of what so ever kind they be( the best reserved for him that ought to haue it) the next best shall be that chyrches where he received the sacramentes while he lived. ¶ Of parysshes & strange parishians. ACcording to the example of the goodman of the house, spoken of in the gospel which sand forth many workmen in to his vineyard, to the intent that the diligent labour of many might bring to pass that one could not do, we sententially define that in every parish church where the parish is large and wide, ther be .ii. or .iii. preestes according to the greatness of the parish and the power or value of the church, lest peradventure while one priest is syk or weak( which thing god forbeade) divine service be taken, from them that would gladly here it, or the sacramentes of the church be denied them that be syk. ¶ Iohn Peccham, ALtissimus de terra et infra. None may give church rights unto an other preestes diocesan without his manifeste lycens, which ordinance we intend not to stretch unto pylgrymes & palmers or to derogate the case of necessity therbye. ¶ Of tithes and oblations. ¶ simon Mepham. FOr so much as their be certain cursed children, whereof one sort haue gone about to dymynishe the devotion of the people, and to restrain them to the offering of one penny or some other small quantity at the solemnitees of marriage of wymens purificacions of minds for the deeds, and such other in which solemnites the lord himself( in the persons of his ministers) was wont to be honoured of his people through the receiving of their oblations. And the residue which the faithful were wont to offer they haue often times applied to their own uses or others, at their pleasure. And an other sort not regarding howe the lord omnipotent( whose the earth is, and the fullness therof and all that dwell therein) hath commanded the tenth to be given to him in sign and token of his universal dominion and lordship, & hath appointed the same to his clerkes for serving him, doth sometime maliciously stop & let the men of the church unto whom the receiving of tithes doth appertain, or their servants, or at the lest do cause or procure them to be letted, so that they can not freely go & come in to the grounds where the tithes grow to gether them to gether to keep them or to carry them whether they would. An other sort also carry away such tithes and consume them or else causeth them to be carried & consumed, or do sum maner of hurt in them, or causeth it to be done, except ther be gloves hose or such other gifts given or promised unto them, we therfore minding to set up a good remedy against the damnable sorts of such mysheuous people, will make no new statutes in this behalf, but will set forth statutes of the old canons against all & every such instigatours letters withstanders, and other beforesaid, through whose wicked crafts any hurt is done to the chyrches or their persons vicars or ministers, or any honour or profit accustomend is dyminysshed. And by the auctoriee of this present counsel, we declare and pronounce, all and singular that hereafter offend in the premisses or in any point of them to be wrapped in the bonds of the great excommunication, from the which they shall not be loosed( except in the point of death) but by their diocesan, & that when through their labour the peoples devotion is effectually restored again to the chyrches and full satisfaction made to the ministers of the church for all hurts and ●repacese. ¶ Iohn Stratford. MEn ar so blinded in the way of damnable error that they eschew not the destruction of their own souls, while they give to them that cut down their corn the .x. garb for their labour, & then accomtynge not the same, but under this error of weening & casting, do pay to the church the .xi. garb for the .x. affirming that they may pay of the corn not tenthed the wages of they hired servants for their harvest labour, specially before the time of tythynge come. And by this means do despise the commandments of the old & new testaments. The supersticiouse also malice of some lay {per}sons hath newly invented that when they haue left in their grounds certain tythalbe garbs and yet not marked for the .x. & the spiritual mennes servants do take & carry away in the name of tythyng the said garbs or other things of the tenth parte so left, they streyt cry out, & call thē thieves & cause thē to be arrested or at tached as thieves & do hurt & diverse ways trouble both the said servants & their masters for the caryng & taking away of such tithes, And also certain of the said lay people because the same tithes of garb & hey or other things be carried over & vpon their grundes sue the spiritual men and their ministers in the secular court & weary thē with great labours & expenses. moreover ther be that set & appoint the wayges & caryages in to the fields & from the fields in places of evil & comberous carriage & by long circuytes & will suffer thē to carry the tithes & bring their carriage onely by these ways with great difficulty contrary to the chyrches liberty. And some when they haue cast out the garbs & marked thē for the tenth, yet they will not suffer thē to be carried from their ground as long as any of the blade remaineth in them, but wittingly do suffer their own and others beasts to break and consume them, and do make diverse stops, lets, and impediments, and also cause and procure many stops to be made, about the payage getheryng & away cariyage of the same tithes unto the great hurt and manifeste prejudice of the liberties and rights of the church and the jeopardy of their souls. Therfore we being desyrons to provide a good remedy against the labour and damnable boldness of such wicked persons by deliberation of this present counsel we pronounce all and every that hereafter offend in the premisses or any therof, within our province, or command the unlawful foresaid things or any parte of them to be done or in any wise procure them or ratify them when they be done in their name, furthermore all and singular such as work wicked inventions and deceits, by the which the rights or approbated customs or the liberties of the church be in any thing dymynisshed or suffer any injury, damage or greyffes contrary to the chyrth liberty, to be wrapped in the bonds of the great excommunication, their absolution reserved specially to their diocesan the point of death onely excepted. ¶ The same. AL be it god hath promised abundance of all fruit and fatness of possessions unto all that pay their tithes well and truly yet( with grievous hart we speak it) therbe of our province which contrary to the doctrine of the old and new testaments doth refuse and deny to pay tithes to god & the church unto which they be notably due, of their coppys and lopped woods and trees, in which there is leste coste bes●owed the ●n the tr●ctes of the fyldes thinking that they may now lawfully deny to pay them leynge they haue not before time ben payed, and to do take it for a lawe, which hath groweth up by ●o●ge custom, calling into doubt moreover what ought to be judged copys wood, wherefore we perceiving that though the church haue ben long detrauded of her portion yet the fault is not thereby dyminyshed, but rather augmented, and that hunger, penury, and nedynes of all things do the oppress thē that pay not well and truly their tithes, by provision of this counsel we declare and will, that to be taken for copies wod which is kept and nourished to be cut, of what so ever kind of trees it be and after it is cut doth grow again from the stocks and roots. And that tithe real and prediall ought to be paid of the same unto the parish and mother chyrches. And also that all possessions of such woods shall be compelled by all punishment of the church to pay tithes of all wod cut in them likewise as they do of hay and blade. ¶ The same. IMmoderate temeritatis et infra. we do decree with full declaration of this present counsel, that all maner lay men which under pretext of any maner dede custom or any maner colour do occupy take or any wise dispose the oblations made or hereafter to be made in the honour of god in chyrches, chapels or there porches or lettens or in any other place within our province, to grind in so doing under sentence of the great curse, except it be done with the consent of the spiritual persons to whom the receit of such oblations doth appertain and for a sufficient and lawful cause approved first by the bishop of that place. ¶ Roobert wynchelsen. FOr so much as through diverse customs in asking tithes, debates, and stryues, occasions of evil and great hatredes often times doth rise in diverse chyrches betwixt the persons and their parishians, therefore we will and ordain that in all chyrches through out the province of Canterbury, there be one fashion and form of tithes, & other spiritual profits. first we will that the tenth of fruits be paid holy without diminution or deduction of expenses, as well of the fruits of trees as of al maner seeds and herbs of gardens, except the paryshens sufficiently redeem such tithes. Also we will & ordain that tithe of hay be required wherso ever it grow, whether it be in great or in small medewes, or in chimynes, & that they be paid as the profit of the church shall require. And as touching the bringing up of catell as of lammes, we ordain that for .vi. lammes and under, six hallepens be given for tithe, if ther be .vii. lammes in nombre the seventh shal be the persons for his tithe, so that the person which hath receyned the .vii. lamme pay .i. d. ob. in recompense, unto the paryshē of whom he hath received the lamme, and he that receiveth the eight shal give. i.d and the nyenth an. ob. to his paryshen, or if the person will rather, let him tarry to an other year, till he may receive the .x. lamme in full nombre. And he that so doth tarry shall require the second best lamme or at the leste the thyrde beste of the second year, and that for the forbearing of the first year. And so is it to be understand of the .x. of wool, but if the sheep be nourished in one place in the winter & an other place in the summer, the thenthe must be diuydyd, likewise if any man bye or sell sheep in the myd time, being certain from what parish the sheep cam the tenth must be diuyded as it is in that thing that followeth two dwelling places. but if it be uncertain from what parish they come, let that church haue the hole tithe within whose bounds they be at shear time, as concerning milk, we will the tithe to be paid of the cheese in his time and of the milk in autumme and winter, except the paryshens will make a comptente redemption for such and that according to the value of the .x. and for the chyrches profit, of the proventes of mills, we woll the tenth to be paid fully & faithfully, of pastures and closes as well commen as not commen, we ordain that tithe be faithfully paid, and that after the nombre of the catell and dayes as it is profitable to the church, we statute and ordain that tithe be required and paid in due maner of all maner fysshynge and of bees as it is of other goods justly gotten, which renew every year, we also decree {per}sonall tithes to be paid of artificers and merchants of their gettynges in their business likewise of carpynters, smythes, masons, weuers, inkepers, and of all other workmen and labourers, & such as serve for wages, we will that they give the thente of their wages oneles the same will give a certain towards the works or lights of the church if it shall so please the person. In requiring the principal legatye that is a mortuarye, we will the custom of that parish or diocese, which the church is possessed of to be observed and kept so that whether he be person or vicar or yearly chaplain, he haue god before his eyes in the asking and requiring therof, but in asmuch as ther be many that will not willingly pay tithes, we statute that the parochians be monished ones twice and thryfe to pay to god and the church. And so at length let them be driven thereunto by ecclesiastical censures, if need require. And if they desire to be released or absolved from the said suspension let them be sand to the ordinary of that place to be absolved and in due maner to be punished And the persons or vicars or yearly chapleyns name parish preestes which other by fear, or favour of man without regard of the fear of god do not ask and require with effect the tithes in maner aforesaid, shall stand suspend until such season as they haue paid half a mark of silver unto tharchedeacon of that place, for their inobedience. ¶ The same. IN as much as many and diverse contentions doth rise( as we here) vpon the tithes and reysyng up of catell betwixt the persons of chyrches through the remouyng of catall in diverse parishes at diverse seasons of the year we willing to prepare the way of peace, do define and ordain, that in what so ever parish the sheep do continually lie & feed from shear time, unto the feast of saint Martyne in winter, the tithe of woll, milk and cheese, of that time shall be paid hole to the same parish although they be removed from thence and be shorne in an other. And lest craft should be wrought in the said case we command that before the sheep be removed from their pasture or otherwise taken away, the persons of the chyrches be assured for payment of the tithe, but if they be removed unto diverse parishes within the said time, every church shall receive the tenth according to the rate of the time so that less space then .xxx. dayes be not accounted, but if they lie in one parish and feed continually in an other through out the said time let the tenth be diuyded betwixt them. And if they be brought after the feast of saint Martyne to strange feeding and until sh●re time be fed in one, or else diverse parishes, whether it be in the owners pasture, or else in any others, a regard taken after the number of the sheep, let that feeding be esteemed & after the estimation of their feeding let tithes be required of their owner. As for the tenth of milk and cheese coming of kene and gootes it must be paid where they lie and feed, or else if they lie in one parish and feed in an other the tithe shalbe divided betwixt the persons. And lammes, calves, colts & other like increase tytheable shall be tithed after consideration of the time as they tarried in diverse places where they engendered & where they fell and where they were nourished, but what shall be paid for the tithe where the milk through the fewness of kene or sheep is not sufficient to make cheese, and what for lammes, calves, colts, flyses of woll geese, or such other of the which the tenth can not certainly be assigned for their fewness, we judge it to be left to the custom of the place. Also we command that in case any man kill sheep after saint Martyns day, or by any day chance the sheep die, he omit not to pay to the parish church the due tithe. And if any strange sheep be shorne in an other parish, the tithe shalbe paid to the person there, except it can be sufficiently shewed that such satisfaction is made for the tithe in an other place, that it may lawfully stop the payment to be made there. ¶ The same. SAncta ecclesia et infra. where as by the commandment of scripture tithes ought to be paid fully and without dymynution of all things that spring of new through the year no time excused. And is also lawful to every parish pressed person or vicar to compel their paryshens by censures of the church to pay their tithes, we command enioynyng under virtue of obedience all and singular persons, vicars, and parish priests with all curates of parish chyrches through out our diocese that they diligently monish and with effect cause & every one in his parish monish and cause, that all and singular the said paryshens pay fully and without diminution unto their chyrches the tithes under specified, that is to say the tithe of milk, from the first time of renewing as well in the month of august as other months. Also of the profits that riseth of woods and trees as by fattyng of swine if it be sold, of fish stews or ponds and other fyshynges in running or stondyng waters, of trees, of bestes, of doves, of seeds of fruct & al maner warm bestes of fowling, of gardyns, of curtylages, of well of lynyn, of wine & grain, of turns in those places whereby they be made and digged, of tens, of capons, of geese, and of ducks, of eggs, of hedgerowes, of bees of hony & wax, of mills, of huntynges, of all crafts & merchandises, also of lammes of calves of colts after their value, and of all proventes of other things from henceforth that they make competent satisfaction unto the chyrches to the which they be bound without deduction of expenses, except in crafts and merchandises. And if they refuse to obey their monitions, let them compel them to pay the said tithes by sentence of suspension, excommunication, and interdiction. ¶ Of regulars and such as enter religion, ¶ Stephyn, QVia vero nonnun{quam} et infra. None shall be admitted monks before thage of. xviii. yeres, except an urgent or evident necessity or profit cause otherwise. ¶ Iohn Peccham. saint moniales plurime et intra. Some nunnes be so far deceived, that when they be of lawful age and discretion, after they haue lived like nunnes above an year amongs nunnes, they think that they be not professed, and that they may lawfully return to the world only, because they haue not received the bishops blessings with so lempnite of their vow promised, we putting away such error by authority of this present counsel do declare them to be accounted professed in dede after they haue willingly lead a regler life above an year in the company of regulars, so much that they may not be suffered to return to the world, but yet they shalbe consecrated or covered by the bishops with due solemnity in their time. The same we judge of monks and all other religious as much as apparteynethe to the bonde of profession, which haue no canonical impediment, and haue had vpon them above a year willingly the habit of religion in any monastery, and that habit cast of begoon again to the world, like apostatas to be repelled from all maner ecclesiastical benefices, and shalbe compelled by the order of the lawe to go again to their monasteries, for which sort we will diligent inquisition, and search to be made by the archedeacons, for we know that many such do cloak wolfes minds under a lammes skin. ¶ Of vows and redemyng of vows. ¶ Stephyn. BEcause according to the witness of scripture we be bound to pay to god such vows as we helthfully make, we decree this to be added, that byshoppes cause twice in an year the form of {pro}fession made in their consecration diligently to be read before them, that they may the better remember their promise the oftener that it soundeth in their eres. ¶ edmund. We command that priests oft monish the people and specially the women that they make not their vows but with deliberation, and with the consent of their husbands and the counsel of priests. ¶ Of the state of regulars. ¶ Stephyn. THat all things may the better be ordered which no doubt shal be if the administration of exterior and outward things be done accordingly for the quietness of the cloisterers, we decree and ordain that as well the under ministers of things of the monastery as the cheyfe heads .iiii. times or at the lest .ii. times in the year shall give acomt of all receytes and expenses before certain of their brethren deputed by the covent to the same purpose, or else before their superiors according to the custom of the monastery, hereunto we will not such prelates to be bound as haue their possessions separat from their monks or chanons. ¶ Stephyn. FOr as much as the old serpent which continually lieth in wait against holy men, often seasons the more solytarye and without comforting the one the other he findeth them, the sooner he ouercasteth and confounded them by his assaults, by circunspecte deliberation, we ordain, that as well monks as chanons regular and nunnes, shall sleep & rest to gether in one dorter every one having his bed assigned to himself onely. They shall also eat to gether in one refectory, and shall not haue their meate prepared every one by himself but jointly and in comen for all, neither money shall be given to every one for his raiment, but all such things shalbe diligently ordered by certain persons deputed for the same to minister clothing as the goods and faculties of the house may bear. And when they deliver new raiment let them receive the old and turn them in to the use of poor men, or other necessytes and that by the counsel of the abbot or abbes, for it shall not be lawful to the said deputy, to deliver any monk or chanon or nun money or other thing for his raiment, neither shall it be lawful to monk chanō or nun, to receive any such, and if they do the said office shalbe deposed and the monk or chanon or nun shal lack their new garments that year. ¶ Stephyn. moreover in asmuch as it is necessary effectually to strength with many remedies the nature and kind of women, which otherwise is very weak, against the craftiness of the old enemy, we decree and ordain, that nunnes & other women dedicated to the service of god, shall not haue veles or wymples of silk neither shal dare to bear in their veles nedles of silver or gold neither they or monks or chanons regular shall haue sylken girdles garnished with gold or silver neither shall were from henceforth burnet cloth or any other irregular colour, they shall also measure their garments after their bodies so that their garments exceed not the length of their bodies, but let them be content to were agarment as joseph did that commonly covereth their feet. And onely a nun professed may were a ring and let her be content with one, if any dare do contrary to this prohibition and they warned do not amend he or she shall be corrected according to the dyscipline of their rules. ¶ The same. TO thintent that the multitude of witnesses may be a record unto abbots of their honest conversation, which according to the canons ought to be a rule of living unto the younger, we therfore decree, that they change their chapleyns or at the leste one of them every year, & he that hath but one shall change the same, except ther be a necessary cause to the contrary, so that if any slander of their life( which god forbid) happen to rise, to the more their life is known, the mo witnesses ther may be of their innocency. ¶ The same. We forbeade nunnes to receive secular women, but onely necessary servants to inhabit within the compass of their houses, except their diocesan ther unto assent. Also we command silence to be kept in place and time appointed as well of monks as of chanons & nunnes, neither shall it be lawful to men or women to go forth of the compass of their house without lycens of their superior, which shall not be granted without a certain cause and honest, so that no cloysterer shall go forth for cause of recreation or to visit his parentes, except he be such as no evil can or may be suspected who shall also always haue with him a fellow. And as oft as lycens is granted to any to go forth a certain day shall be appointed of his home coming. This we will also to be observed, that if the bishop or abbot or the conuentual prior having no abbot, shall think it expedient, that any offender tarry for a time in an other place, that he be sent to an other house of the same religion within the same byshopryke or if it be necessary within an other byshopryke. And the diocesan shall compel him to be admitted who shall be in all things ther subjecteth to regular discipline, so that if through his abode, the place where he tarrieth be much charged, an other of that house shal be sand to tarry in the monastery of the transgressor, which shall not be received in to his own house again, before he haue full repented his fault, and then let him be called home, by his superior, but if the monastery where the offender tarrieth send none in his stede, unto his monastery, the offender shall haue his clothing from his own place. ¶ The same. We forbid all syngularyte in their refectory, that is to say, that meet be not prepared, otherwise for one then for an other but he that is cheyf shall provide sometimes such things to be ordained for himself wherewith he may succour and help the weakness and sickness of other as it shall seam expedient, we will also all maner of vytall for religious persons to be set before them without any subtraction as well in their conuent as else where they be refreshed. And that that is left of the hole set before them to go to the almose without dymynution to be given to the poor, by the amner so that neither the abbot neither the prior or amner may otherwise order it. And who so ever will not admit or keep this statute, or that statute concerning raiment, let him be suspended if he be a pressed from celebrating divine service if he be of inferior orders or a nun, from the receiving of Chrystes body until full satisfaction be made. Also we forbid all nunnes to eat flesh by themself in such refectories where they were not wont to eat flesh moreover we will no monk to be admitted in to an others monastery for fellowship or other consideration without the letters of his bishop, or abbot, or prior conuentual having none abbot, which thing we will to be observed amongs chanons regular & nunnes, let the byshops also provide that nunnes may be sustained in all things necessary with the goods of their monastery and suffer none to be admitted above their number, or any to be received after they be ones brought to their number. And this we firmly decree by the authority of this present counsel. And if it happen hereafter any to be admitted contrary to this ordinance aswell the abbes as the priores shall be deposed, we decree also the same of masters and priors that haue the ordering of nunnes, if they admit any contrary to this form, nunnes shal also be confessed of priests assigned to them by the byshoppes, other clerkes or lay shall not haue often recours to the cloister of nunnes with out reasonable cause. ¶ The same. BEcause the religious specially be assanted amongs other vices with the sweetness of their mouths, we decree that neither monks neither chanons regular presume to give themself to eating or drinking, but in their houses appointed, but if they thirst let them ask leave according to their rules, and then go in to their refectorye, and so help ther necessity that they follow not their voluptuousness, from this general rule, we except all syk and them that be in the service of prelates. Furthermore we decree that when for weakness or any other just cause, the monks tarry by wolf in the misericorde, they haue always with them at the least two oldermen or seniors, which may refrain and keep down with due correction the lightness of other and also testify how misericordly they haue used themself the same we will to be kept amongs chanons regular, & nunnes. ¶ johan Peccham. MAny holy nunnes delyghtyng in the 'vice of wanderynge, by the example of wanderyng Dina, doth continually fall in to the slander of like corruption or rather more perniciouse, for the which jeopardy we prouidynge, more desirous to se to their health then to please their vain desires, do forbid under pain of excommunication, that none of them other sole or with a fellow, presume to tarry with their parentes or kin be they never so nigh, or with strangers of howe so ever great name of dignity or religion they be above .iii. natural dayes for the cause of recreacion neither for any other necessary cause or occasion( sickness onely except) above six dayes, except it please the byshops of that place, sometime otherwise vpon a cause necessary whose consciens we load against that fearful day in this behalf. This ordinance we stretch not to them that ar compelled to gather without forth things necessary while they go a begging. ¶ Of religious houses. ¶ johan Peccham. We finde many religious houses of the order of S. Augustine, which ones did cleave to their mother chyrches of the parties beyond the sees but now, ye and long time syns be known to be diuyded from them through the occasion of certain ceremonies received by the said mother houses, by the which ceremonies they differ from other houses of the same order within the province of Canterbury. And therfore they come not to gether with other places in their general chapiters kept every thyrde year according to the general counsel. And because it is a filthy & an uncomely parte, that agreeth not with the hole, we ordain that henceforth all such houses( the observing of their ceremonies alway saved) be specially admonished by the byshoppes of the places to come to gether with other canons in the general chapter to entreat commonly of the rule and reformation of their order, or else that they appoint a general chapitre amongs themself from the other if there be any notable dyuersite betwixt them concerning the very substance of their religion, if not let them be compelled hereto by ecclesiastical censures. ¶ edmund. IN asmuch as great dyuersite of relygions engendereth great confusion in the church of god, we command that they which will found of new an hospital or monastery receive of the ordinary of the place the ordinances and rules after the which they may live relygiously in order, moreover we straitly command, that neither men neither women be shut up in any place without special lycens of the diocesan, the place, the manners and quality of the persons diligently considered, and also wherewith they shall be found moreover no secular persons shall suggered in their houses without an honest cause and a manifest. ¶ Stephyn. ¶ Of the title of patronage. cum secundum apostolum et infra. This thing we judge worthy to be added, that if two be {pre}sented to one church the costodye shalbe committed to neither of them, while the cause hangeth, but if the title of gyuenge such benefice according to the authority of the counsel be devolved to the bishop when two patrons strive whereof either {pre}senteth his clerk, for so much as ther ought no prejudice through the byshoppes geft to be engendered to the patron that shall afterward obtain and win the patronage, we decree that the bishop give that church for that time to neither of thē that be presented oneles it be by the consent of both patrons lest any prejudice in the world should seem to rise to the one of the patrons which parchaunce afterward shall overcome. ¶ Boniface When one obtaineth in the kings lawe the title of patronage against an other & the king wrytteth unto the bishop or an other to whom institution appertaineth to admit him, that is presented by him that hath reecouered, if the benefice be void leste injury be done to the patron let him that is presented be freely admitted, if no canonical impediment let, but if the benefice be not void the prelate for his excuse shall show unto the king or his iustyces that because such benefice is not void he can not fulfil the kings commandment nothwithstandyng it shalbe lawful to the patron to present the possessor again that by that means the title of the patron that hath obtained may be declared in time after. ¶ Iohn Pecchā. PEr nostram prouinciam et intra. we decree & for ever ordain, that no dean or any other prelate, except bishops whole authority is not restrained by this ordinance shall make inquisition concerning the matter & cause of him that is presented to a benefice, but in a full chapytre of that place, the possessioner of the benefice being lawfully called & having so much space that he may seek at the counsel of wisemen & provide sufficient remedy for the defence of his state & title, what so ever be attempted hereafter against this our ordinance, we decree it not to hold, condemnyng nevertheless by authority of this {pre}sent counsel such dean or prelate to make satisfaction for all damages & losses, that the said possessioner hath suffered by him or them that hath so preuely enquired, and also excludyng him that hath so ambityously laboured, from such office for ever & suspendynge him from the obteynyge of any other benefice by the space of three year. ¶ Of taxes & proxes. ¶ Stephyn THat all and every ecclesiastical office may well procede in the church of god, we decree that archcdeacons be not to grievous unto the chyrches subjecteth unto them, forbydynge them straitly to pass the number of waiters assigned in the general counsel, but let them receive their proxye due in the name of their visitation, and presume not to bid strangers to go with them thereunto, notwithstanding if for the archedeacons honour the persons of chyrches will bead any we will in no wise forbeade them, but the archedeacons wolf shall bead none, leste perchance they that be not grievous in wolf should be grievous in their geftes, wherefore that necessity and occasion of beadynge may be taken away, we forbeade archedeacons to keep chapter the day of their visitation at the church where they visit, except it chance the church to be in borrow or city, moreover we straitly command archedeacons, that in no wise they take procurations without a reasonable cause, but onely for that day vpon the which they visit personally the church that giveth the procurations, or presume totally extorte any redemption for vysitynge. ¶ The same. VT archidiaconi et infra. we straitly forbeade all archedeacons, deans, and offycialles that they presume not to excercyse or require by wolf, or by other any exactions, or tallages, of their subiectes. ¶ Boniface. We also intending a remedy against the greyffes and excesses, which( as we be informed) be laid vpon the subiectes by the archedeacons and deans apparitors, we ordain that when it shall happen them as they go to do their executions or other necessaries, to entre in to the houses of persons, vicars, or chapleyns, or other priests or clerkes, or religious persons they require nothing of them under the nam● of procurations or other service, but receiving with thankes gyueng that which is let before thē let thē be content neither shall they make such executions of their commandments by messengers and under somners but by wolf. And such apparitors as do contrary to this and be grievous or iniuryose unto the subiectes of their lords shalbe punished, and shalbe bound to restore double to them that be grieved. ¶ Iohn Stratford. CRuel and miserable covetousness hath invented & brought to pass that great exactions oftentimes be made for the letters of institucions of clerkes that be admitted unto ecclesiastical benefices, likewise for the letters of ords for the labour of writing & sealing although the canons forbid it saying that as it becometh not a bishop to sell the leyinge on of his hands, so becometh it not the mynystre to sell his pensyon, likewise the clerkes of archedeacons and of their officials and of other, refuseth to deliver to them that be presented letters certyfycatorie of the inquisition made, vpon the vacation of benefices, except they haue first an excessyue sum of money for the wryityng, we therefore willing to put away this abuse, by deliberation of this present counsel, make this order, that the said clerkes shall not receive by wolf, or by other for the wryttyng of letters of inquisitions, of institucions or collations, and commyssions to induct, or for certifycatoryes of the same, above. xii.d. and for the letters of any holy orders above. vi. d. In other things the ordinaries ought to set a stipend to their servants wherewith they ought to be content, but for the sealing of such letters, we will nothing to be required neither paid of clerkes ornated with low or heygh orders, or any thing to be given for their coming in or admission unto the marshals or porters, or barbers, or dorekepers lest through any cloak or colour the payment made for the sealing of letters or for their said coming in be turned in to damnable lu●re. And lest any rashness or lightness which violateth this remedy provided should pass vnponyshed, if contrary to the premisses any thing be received, we command double to be yielded within a meaneth, or else clerkes beneficed, which differ to restore double that is unjustly received know they wolf to be suspended from office & benefice. And clerkes not beneficed and lay men to be forbeadē church entry until they haue made competent satisfaction of the said double to them that payed it unto them. QVamuis lex nature et infra. By authority of this present counsel we inhybyte that none presume to receive of any church procurations to be paid by reason of visitation, except he do his office of visytacion diligently to the same church searching personally and looking vpon with effect such things as ought to be searched & looked vpon. And if any will visit many chyrches vpon one day let him be content with one procuration in vyctall or in money, unto the which procuration every church vpon one day so visyted shal bear proportionabyly his parte, & if the said visyter haue stand at the coste of the person or vicar visyted the night before the vysytation or at the dinner of visitation & will nevertheless haue his procuration in money, he shal account the said costs & make alowans for the same in the said procuration, or otherwise recompense the same, so that he presume in no wise to exact or receive the said costs above and over the accustomend procuration in money, or any more in money then doth remain after such costs be ones deducted, if any there be that otherwise do, know he himself to be suspended from church entry until he haue restoreth that which he hath unjustly received but because many archedeacons and other ordynaryes endued with the progatyue & pre-eminence of honour or of nobylyte of stock when they go in their visitacions do pass the number of servants appointed in the canons, so that they which pay proxyes be ever charged against reason in vytall more then the proxyes payed in money was wont to be. Therfore we love it in the choice of them that be vysyted, whether they will give proxyes in money as they were wont, or else find them vytals. And moreover if the church visyted haue chapels dependyng of her, we ordain that for the visytyng of such church and her chapels the archedeacons and other ordinaries vysytyng shall be contented with that procuration, which was wont to be given for one church in that diocese, under pain of suspension from office & benefice, in to which they shall rennet in the dede doing until they haue paid unto the cathedrall church the double of that, which they haue received above one such procuration. Also because archedeacons and other ordinaries in their visitacions, when they find faults aswell in the chyrches as in the ornaments and in the closyng of church shepherds and in mansion places command them to be repaired under pain pecuniary and then through extortion get from them that dysobey the said penalty, wherewith the said faults might be well mended making their own purses fat wickedly with the losses of the poor people, in these dayes contrary to the old maner oppressed. Therfore lest any occasion through such penal exactions should be ministered to malice or grudge against archedeacons and other ordinaries and their ministers, for it becometh not men of the church to yane for vn honest and penal lucre or to be made rich therwith we decree that such penalytes as oft as they be required shall be converted in to the repairing of such faults as be found under pain of suspension from their office, wherein we decree them to run in so doing that receive the said penalytes to wolf contrary to the premisses until such time as they restore with effect, that which they haue taken, to the reparation of the said faults. ¶ The same. ITem licet quis purgari et infra. knowing manifestly the abuse of archedeacons and their offycialles and of other ordinaries which do exact of priests that will celebrate within their jurisdictions, before they will suffer them so to do, a great and excessive quantity of money, chayngynge the liberality of priests which were wont to give to the clerkes for regystrynge their names a penny, in to a fee of .vi. d. or their abought, we therfore decree that henceforth the said archedeacons and other ordinaries or their ministres be not so bold as to receive of the said priests for regystrynge their names in their first admyssyon to celebrate above a penny under pain of suspension from celebratynge divine service, and church entry wherein they that do the contrary shall incur until they haue paid the double of that they haue received unto the fabryke of the cathedrall church of that place. ¶ The same. cum apparitores et infra. By consent of this present counsel, we ordain that every one of our suffragans haue one apparatour onely, an horseman for their diocese, the archedeacons of our province for every deanery of their archedeaconry to haue one somner onely, not on horse back, but on foot going, which shall not tarry with persons or vicars at their cost above one night and one day every quarter in the year, except they be specially desired by them to tarry, neither yet shall they make any maner gatherynges in general chapters other of money other of woll other of lammes or of any other things, notwithstondyng they may receive with thankes gyuenge such things as be freely given them, but if many be deputed contrary to this, or any deputed be found rashly to violet and break the premisses, they that haue deputed them shalbe suspended for their doing from office & benefice, until they haue removed such deputes, whom we also suspend for ever from the office of apparatours for that dede doing. ¶ Of celebrating of masses. ¶ Stephyn. THat the pure hartes of them which labour in the vyneyarde of the lord of strength and power may be stered up to receive according to their labour the penny of the true reward, we decree, that the work, of god be not negligently done, specially seeing it is decreed and commanded in the general counsel that divine service both by day and night shal be done( according as god hath given it) diligently and devoutly Also all maner of sacramentes of the church and specially of baptism and of the altar shalbe celebrated and ministered with heygh devotion likewise as god hath inspired. The words also of the canō shalbe plainly spoken and hole, specially in the sacrament of the body and blood of christ. Also if the pressed after he haue received the lords body and blood must celebrate again the same day, let him not receive the wine that is poured in to the chales or vpon his fingers, we haue also decreed straightly forbeadynge any pressed to celebratte twice in one day, except chrystmas day and easter day, or in the funerals of the ded the same day that the body is present to be buried, and then the first mass shalbe of the day and the latter for the ded. ¶ johan Peccham. LEt the {pre}stes beware that they bind not themself to the singing of pryuat or peculiar masses, whereby they may the less serve the church committed unto thē as they be bound with canonical service, neither let any take vpon him to sing annualles except he sing daily for the ded or cause an other specially to sing, moreover none shall receive mo annualles to be song then he hath fellow priests except he which procureth suffragies to be done for the ded expressly consent the memory of the ded to be copled in mass with an other, for let no pressed think that he be saying one mass can satysfye for two, for the which he hath promised specially to sing for every one by himself, although the canons say that ther is no less received, when one mass is said for many ded, then if a mass were said for every one by himself, for it is spoken of masses that be said with troubled and cumbered hart, god forbid that it should be thought of any catholic man one mass devoutly said to stretch as fare and profit as much a thousand men for the which parchaunce it is said, as a thousand masses said for them with like devotion, for although the sacrifice which is christ be of strove virtue, yet he worketh not in the sacrament or sacrifice the heygh fullness of his greatness for if he did, we needed not to sing for one ded but one mass, for god doth work in such mysteries under a certain dystributions of his fullness which he hath knit unto them with a lawe that can not be expressed. But as concerning them that haue received stipend to celebrate annualles and anniuersaryes, and of evil mind or neglygens do not their duty as they be bound, we monish them that they supply the things omitted and make full satisfaction in time to come. And when so ever they it do not, let them give to the poor such fruits as they haue received, for their souls that give it unto thē, or if they neglect willingly both these things, let them be sharply punished of their ordinaries as deceivers of the faythful●. ¶ The same. SAnctum et salubre et infra. we ordain that for every bishop of the dioces of Canterbury that departeth, the residue of his fellow brethren living shall sing solemn service for the ded, not onely in every their chapels, but also when so ever after the death of one or many byshoppes, they come shortly to gether in counsel, or otherwise for the church profit commanding, moreover and firmly enjoining in virtue of obedience, that all priests as well secular as religious as sone as the trouth of his death is opened unto them say every one a mass for the soul of their diocesan to be purged from the spots of sin, we moreover desire all priests religious exempt & also secular if any such be, that they will vouchsaffe favourably to receive this ordinance the pryuylegyes of their exemption in all other things saved, or at the leste make this ordinance of their own authority to be observed and kept, letting them to wit that we shall be glad and thanfull for their gentle minds and shal be sorry if we find any vnkynd. ¶ The same. ALtissimus et infra. At the lyftyng up of Chrystes body let the belles be rung at the leste of thone side that the commen people which may not daily here mass, where so ever they be other in the fields or in their houses may gail down and receive the indulgentyes granted of many byshops, we also ordain that every pressed having no canonical excuse sing ones every weke at the leste, moreover let the parish priests diligently take hede that they mynystre not Chrystes body to any person, except it first appear unto them, other by witness other faithful tokens that he is confessed, and the hole charge of such certyfying we put to his oath that receiveth, who ought to seek those things that be necessary to his own health. Also none shall give rights to an other priests paryshen without evident lycens, which ordinance we intend not to stretch to men that journey or be in jeopardy neither to let the cause of necessity. ¶ Iohn Stratford. QVod sit inhonestum et infra. By the assent of our brethren and of the hole counsel, we decree that who so ever hereafter sing mass in oratories, chapels, or houses not consecrate, or in any place not dedicat their diocesans lycens not obtained, contrary to the prohibition of the canons, that he in so doing shalbe suspended from celebrating divine vice for one months space, we also decree, that all such maner of lycens to celebrate in places not consecrate granted by the bishops of our province, and hereafter to be granted to any other persons then great or noble men, which continueth in places that be far from the parish chyrches or be notably weak or diseased shall be void and of none effect, nevertheless we intend not by this to derogate prelates and persons and chanons of cathedrall chyrches or religious but that they may lawfully celebrate in their oratoryes bulded of old or cause to be celebrated as it hath been used, moreover we will not that these priests which shall happen to celebrate in the oratories or chapels of kings or queens of england or for any their children which chapels be now or hereafter shal be edified to be bound with the foresaid pain. ¶ richard. We command that the eucharyste be not consecrated but in a chales of gold or silver, and that no bishop after this time halow any of tin or lead when the pressed at mass time will give peace, let him not put the holy host unto his mouth, for he ought not to touch it with his mouth before the receit therof, but if he take it from the paten as some do let the paten aswell as the schales after mass be rynsed with water if he take it not from the covering the chales onely shalbe rynsed, let the pressed also haue nigh hand the altar a clean cloth hanging with in an other cloth and honestly and commonly covered round about wherewith he may wipe his fingers and his lips after the receiving of the holsom sacrament. ¶ walter. LEt the corporasses palles and other altar closes be hole and clene, and let them be often times washed by persons deputed to the same in the canons for the reverence, and presens of our saviour and of al the company of heaven, which no doubt were present at the doing of the sacrament, and also when it was done, let also the words of the canon those specially that appertain to the holy sacrament be pronounced full and hole with heygh devotion of heart, but yet let not the pressed be so slow in the premisses, that he make the herers weary and so rob his service from fatness of devotion, for the flies that die do corrupt the sweetness of the ointment, that is to say the fatness of devotion, let moreover no parish pressed take vpon him to celebrate before he hath said matins and prime and the thurd of the day also no clerk shalbe permitted to mynystre at the altar except he haue a surplyce vpon him. And at mass time let two candles or one at the leste be lighted. we forbid also, that no pressed fallen in to deadly sin presume to come at the altar to sing mass before he be confessed, neither let him think, as some do that err, that mortal sins be washed away by general confession. ¶ Robert wynchelsen. STtypendarye proves and other priests, that sing within our province, whether they find wolf or be found by other shal not receive offerings, portions, profits, mass pens, trentals or any maner certayntye specially offerings for the corpse present, without lycens obtained of the persons or vicars of the chyrches where they serve, neither in any wise shal translate thence these things in prejudice of the persons or vicars of the said chyrches or in their prejudice that be in their stedes leste they fall in to the sentence of the great excommunication promulged in that behalf, we also decree, that such priests serving within our province, be present in the chancel at matins, at cuynsong and other divine service in due houres weryng surplyces, which they shall bye at their own cost. And shall not be in the body of the church or the chyrchyard or in the fields. And if they be corrected for these things by their rulers let them not disdain and set up their bristles against them, neither provoke any to support or defend them, but let them be in joined in virtue of obedyrnce that they be present at the foresaid times redynge & singing in psalmis. And the said priests shalbe gyne & end their masses vpon the sundays and holy dayes, and when the body of any dead is present after the gospel of heyghe mass and not before without lycens of the person or vicar or the ruler asked and obtained. ¶ simon Islepe. EFfrenata et infra. By the counsel and assent of our brethren, we decree and ordain that chapleyns what so ever they be not beneficed specially they which be meet to serve acure shall leave all pryuat and seculyer service, and shall serve a parish church or chapel thereunto belonging, for competent stipend, when so ever they shall be required by the dyocesane or any ordinary judge competent in that behalf under pain of suspension from their office, in the which they shal run if when they be required as aforesaid they effectually within .xx. dayes space obey not so ther be no lawful impediment to let them. ¶ simon sudbury. EFfrenata et infra. Although lord simon Islepe of happy memory late archbishop of Canterbury, our predecessor, by the counsel and assent of his brethren in his life time, did statute and ordain, that chapleyns celebratynge annualles, and other not intending the cure of souls, shal be contented with the sum of .v. markrs, and they that served parish chyrches chapels or cures to them apparteynynge with the sum of .vi. marks for their yearly stipends decreynge the pain of suspension from office against them that obey not, nevertheless we looking vpon the quality of times, by the counsel & assent of our brethren and suffragans, decree that who so ever shal celebrate annualles for souls of the ded within our dioce or the province of Canterbury shall be contented with seven marks, or their board and .iii. marks and other that serve cures with viii marks or their board and .iiii. marks yearly. And no maner wise to receive above, except the diocesan of the place, first otherwise appoint them to be ordered that shall serve cures, if any clerk dare break this our constitution other in gyuenge other in receiving, he shall fall in to the tentens of excommunication in so doing, from the which he can not be ride, but by the diocesan of that place in the which he hath trespassed. And who so ever break this our present statute after publication made therof according to the canons, we will them to be wrapped and bound in all sentences contained in the same. ¶ Of baptism and theffecte therof. ¶ edmund. IN every church where they baptize let ther be a sount of slone, or of other convenient matter, and let it be commonly covered and reverently kept, and let it not be turned in to any other use. Also let not the water wherein a child hath been baptized be kept in the fount above .vii. dayes. And if it fortune a child to be baptized at home of the lay in case of necessity, let the water for the reverence of baptism either be poured in to the fire, or be brought to the church to be poured in the fount, and let the vessel be burned or deputed to the church use. The pressed also shall diligently ask the lay what he sayoe when the child was baptized in necessity, & also what he did. And if after diligent inquisition made, he truly find that the lay hath baptized distinctly and in form of the church whether it were in latin, in english, or in french, he shall allow that is done, if not? let him baptize the child as it ought to be according to the form of the church. To receive the child from the fount ther shall not be past .iii. at the most, in the baptism of the male .ii. men and one woman, in the baptism of the female .ii. women & one man, for what so ever be more it is of evil. As apparteynynge to baptism and penance, we command that deacons presume not to give penance or to baptize, but in such cases as the pressed can not, or is absent, or through fowlyshnes or vndescretnes will not, and death is at hand to the child or the syk, but if the child be baptized of the lay, let the things that go before and follow the plungynge be fulfilled or supprelyed of the pressed. ¶ Iohn Peccham. ABought the sacrament of baptism we finde some to haue erred for although it be granted to the lay both men and women if the yonglynges be in jeopardy in the article of necessity to baptize them, and such manner of baptism to be sufficient if due form be kept, neither ought they to be rebaptysed that so be baptized, nothwithstandynge some foolish priests do baptize again the yongones so baptized, not without the injury of the sacrament, which thing hereafter to be done we utterly forbeade, but let the adiucations against the devil and the instructions of the faith be said over the baptized, for the reverence of the church that hath so decreed. The form of the sacrament in the commen tongue, stondyth not onely in the signs, but also in the order of the self same words with which the sacrament is instituted of god, whereby christ the lord hath given regeneratyue power, unto these words ordered as they be in the latin tongue, therfore let it thus be spoken of them that do baptize. I chrysten thee in the name of the father, & of the son, and of the holy ghost, or otherwise in the mother tongue after the country custom, or in french thus. je te baptize au nom du pere, et du filz, et du saint esperit. But if the pressed probably doubt whether the little one be baptized in due form or not, let him say( observing the maner of the decretal with adiurations and instructions) if thou be baptized I do not baptize the again, if thou be not yet baptized, I baptize thee in the name of the father, and of the son, & of the holy ghost, let the priests also take hede that they suffer not nyse and wanton names to be given to the yongies, when they be baptized specially of the woman kind, which names spoken sound to wantones, and if the contrary be done, let it be redressed by the byshoppes that confirm them. ¶ The same. Where as in the constitutione of Octobone it is provided, that children which must be baptized, shalbe kept unto the general baptism of easter & Pentecost, for the reverence of the statute, which seemeth hitherto to be neglected, we haue judged it thus to be declared, that children delivered from the mothers wombs in the eight dayes before easter & so many before Pentecost, if they may without jeopardy, shall be reserved & kept unto these times to be baptized, so that in the mean time betwixt the birth of the children and perfyet baptism they receive information with adiurations and other service before baptism, and onely the plungynge to be left for the dayes of baptism. Also other that be born other seasons of the year, partly for jeopardy of death, which cometh suddenly often to children, and partly for the simply city of their parentes, which be redy to err about the form of baptism, let them be baptized after the old custom without any note of offence other incontynet when they be born other afterward as it shal please the parentens. ¶ edmund. ¶ Of the keeping of the host of the crysma and of the holy oil. THe baptysyng fount must be kept close under lock, for fear of wychcraftes likewise the crysma and the holy oil, shall be kept under key, and if he to whom the custody appertaineth negligently love them, he shalbe suspended from his office .iii. months, and if through his neglygens any mischance happen he shal be sorer punished. ¶ Iohn Peccham. We command the most worthy sacrament of the altar from henceforth so to be kept, that in every parish church ther be a tabernacle with a closyng commonly made and worthily as the greatness of the cure and thabilyte of the church may bear, in the which the lords body may be collocate, and in nowise shal it be put in a purse or bag for fear of breaking, but in a fair pyx garnished within with the pureste lynyn, so that without jeopardy of breaking it may lightly be taken out & put in, which honourable sacrament, we command every sunday to be renewed. And the pressed which is negligent in keeping of the sacrament, shalbe punished after the rule of the general counsel, and sharp liar if he continue in neglygens. ¶ Of relics and honorynge of saints. ¶ Stephyn. according to the example of Solomon, which hath appropriat to the service of god all the vessels of the temple, made of pure gold, we ordain that every church haue a chales of silver with other vessels according. A clean corporis and whit of convenient largeness, and all the old corporasses, which be not meet for the altar for as much, as they be consecrated, let them be laid up in the place of relics or else be burned in the presens of tharchedeacon. ¶ Iohn Peccham. DIgnissimum et infra. we ordain the sacrament of the altar to be born to the sick with due reverence, the pressed having vpon him at the lest a surplyce with a stolen, & light born before him in a lantern with a bell, that the people may be stored up to due reverence, which must be informed by the priests wisdom, to gail down & the lest humble to pray unto & honour the same where so ever it happen the king of glory hidden in bread to be born. And for this thing let archedeacons and other visyters be diligent and careful, unto the remission of their grievances. And whom they shall finde negligent herein, let them be sharply punished. ¶ edmund. ¶ Of the building of chyrches. IF the person of any church depart leaving the church housyng down or ruynose, such portion shalbe deducted out of his ecclesiastical goods, as shall suffice to repair them and to supply other faults of the church. The same thing we decree about vycars, which haue all the proventes of the church paying a little pensyon, for seeing they be bound to the premisses, such sufficient portion deducted may and ought be to accounted amongs debytes, nevertheless reasonable consideration must be taken according to the power of the church, when this portion shall be deducted. ¶ Robert wynchelsen. THat the paryshens of all chyrches of our province of Canterbury, may be certain of all defaults that appertain to their charges, leste betwixt them and their persons any doubt should rise in succession of time, we will and command that hereafter they finde all these things under specyfyed. A legend an antiphonarye, a grayle, a psalter a book of sequencies, an ordinall, a masseboke, a manuel, a chales, a principal vestement with his chesyble & albe, a cope for the quere with all appendentes, a pall for the heygh altar with .iii. tuelles .iii. surplyces, one rechet a cross for procession, and an other to serve for the ded, a censer, a lantern, and a little bell to go before the body of christ in the vysytyng of syk, an honest pyx for the said body, a veil for the lent season, banners forrogation:, dayes belles with their cords, a bear for the ded, a vessel for holy water, a pax, a candelstyck for the pashall, a fount with his lock, images in the church, the principal image in the chancel, the closing of the chyrchyard, the repairing of the body of the church both within and without, as well in images as in glass windows, the repairing of books and vestiments, when so ever it happen them to need, as for all other things that be not here expressed, as well concerning the reparation of the chancel, as other things must be repaired through out by the persons and vicars, or other to whom it appertaineth after the dyuersite of approbated customs of the places. ¶ simon Mepham. We ordain that no inquisition that shal hereafter be made vpon the faults of the housyng or other things, apperteynyng unto a benefice, shall prevail in prejudice of an other, except it be made by faithful men sworn in form of lawe, he also being first called whose interest it is. And then the hole and true estimation of all faults, which be found in the houses or in other things, apperteynyng to the said benefyce, whether they be found by inquisition or by way of composition, the diocesan of that place shall cause the same to be bestowed in reparation of the said faults, within a competent season to be set and appointed by his discretion. ¶ Iohn Stratford. LIcet parochiani et infra. By approbation of this present counsel, we ordain, that aswell religious {per}sones as other, which do obtain or hereafter shall obtain in any parish of our province, possessions, lands, or reddites, which be not of the globe or dowrye of chyrches that must be repaired, wheresoever the said persons dwell whether within that parish or else where, shall bear their partes unto all maner of charges, that appertain by lawe or custom to the same parishes or their church or ornamentes of the same, according to the quantity of their said possessions or redites, considered & compared to other of the parish, wherunto they shal be compelled by the ordinaries of that place, if it so require with ecclesiastical censures, and other remedies of the lawe. ¶ Of the chyrches liberties. ¶ Boniface. POrro et infra. we ordain, that such as will not suffer feode to be ministered unto them that flee to the chyrches liberties, shalbe punished after the ordinaries discretion by ecclesiastical censures. And who so ever pluck or draw thē from the church or chyrchyard, or after their abjuration from the heygh way, or after they be so drawn, slay them being under protection of the church, shall be punished by all penalytes of sacrilege, and the one penalty shall not comsume the other, moreover ther shall none be set to watch or keep them, that take church or chyrchyard, if ther be, aswell the keepers as they that set thē shal be dreuyn away in form of lawe, by the sentence of excommunication. The church also shall defend thē onely, which the canons command to be defended. ¶ The same. THat they which invade the church goods and break the church liberties may be witstond, we decree that such malefactours be denounced by the ordynaryes of the places for sacrilegers & excommunicate per-persons, and if they continue in their malice by one month, then the lands and places where they abide shalbe interdycted, and neither sentence shalbe released, until they haue made sufficient amendes for the damages & injuries. And if any, not regarding the honour of god, spoil the church of her possessions or her liberties, let them be under the said penalytes, and let the sentence of excommunication be solemnly pronounced against them in form of lawe, until full restitution and worthy satisfaction be made. And if the said commytters of sacrilege, cause the iudges or prelates for this cause to be attached and dystrayned, as well they as the dystreyners shalbe punished by all penalytes made against attachers and dystreyners. ¶ The same. When the king hath the custody of cathedrall or conuentyal chyrches although according to the chartour of liberties granted to the church by him & his predecessors he ought to receive onely certain profits and certain services and that without the dystraynyng of men and destruction of things, it chanceth nevertheless that his bayles through immoderate tallages and exactions doth both violently take away the chyrches tenentes goods in time of vacation, and also destroyeth parks, woods, store pools, houses and scatereth the goods abroad, they evil entreat the power, and stretch their hands not onely to those things, which they were wont to obtain by reason of custody, but also unto the goods of them that remain in life that is to wyte to that blade and store and such other wherewith the chapter and convent ought to be sustained, ye and presume to take other things, likewise which by reason of baronye can in no wise appertain unto him. As tithes, and oblations belonging and apperteynyng to chyrches appropriat unto byshoprykes and monasteries, and other like things. Therfore to withstond this evil, we ordain that as soon as the kings excheters & baylyes shall haue intrede such custody, the {pre}lates which haue jurisdictions shall openly and solemnly forbid al the said bayles generally, that under pain of excommunication they attempt no such things. But if they do the contrary, let it be openly declared that they be fallen in to the sentence of excommunication, decreed against the violatours and trobelers of the chyrches liberties, until they haue made a competent mends for the hurts and injuries. which sentence if they despise, after such denounciation let process be made against them, by interdictions and other penalytes ordained against such wrong doers. And except the king admonished therof make competent restitution, or cause the things so taken to be restored and amend or cause such hurts done by his to be amended, let process be made against him, as it is decreed in other cases, tochyng the king. And the self same things, which ar before decreed for the king and his ministers, we will to be observed in other inferior lords, if peradventure the custody come to them. ¶ Iohn Stratforde. through frowardness risen of late, it chaunseth that when the prelates of chyrches go about to inquire of the discypline & order of manners, and of the faults & transgressions of the subiectes, the great men and other secular powers, laboryng to let & with grind the duties and offices of the spyritual, doth forbeade the lay, such as be their tenentes or bondmen the spiritual court, that they shal not go or appear out of the place of their lordship before their ordinaries, when they be acyted either to receive canonical correction for their faults and excesses, the punishment whereof and correction is known to appertain by lawe or custom unto thordynaries, either for the insinuation or probations of testaments or accounts and rekenynges, vpon the administration of the deeds goods, or for other testamentarye titles. And do also let and cause other wickedly to let and withstand that the premisses can not be excercised by the prelates within the places of their lordshypes, vsurpynge to themself jurisdictions in these things, other ther ar which when men of the church that haue ecclesiastical jurisdiction do enjoin unto their subiectes for their faults and offences penance corporal or pecuniary, and cause thē to do the same as it is lawful to the said ordinaries to do, or for their corporal penance enjoined according to the measure of their offences, do admit & receive bursall redemption as they justly may, do indycte the same ordinaries vpon great extortions, and so indycted do attach them, and imprysone them, & compel them to make answer to them vpon these things in the secular court, and ther they procure & cause unjustly at their own pleasures pecuniary muletes and mercementes to be set vpon them by the said occasion. And moreover oftentimes many run to gether in great companies, and with much clamour and noise come unto the ecclesiastical courts, and very grievously fear the iudges and sueters, and other that haue ought ther to do, whereby ecclesiastical jurisdiction is confounded, and the office of prelates is obprobryously suspended and wickedly let, and men that lightly fall in to vice, while ther is no punishment to keep down transgressors doth promise and nourish to wolf penal impunyte, and prepare a smooth and much haunted way unto the crafts and baits of the old enemy. An other sort ther is, that procureth and causeth many, because they move matters and causes against their adversaries in the spiritual court which ought in dede by lawe or custom ther to be entreated, and likewise their advocates that speak for them and procurators with other ecclesiastical ministers & iudges that take cognition of the same matters, to be indicted, attached, and imprisoned, and otherwise to be fatigated diverse ways in the secular court. And if any tenants or other run to the spiritual courts, for matters or causes which ought by the lawe or custom ther to be handled, and will not cease from thence and take their actions in the temporal courts for the same causes, they often times charge them with great mercementes and unjustly vex them with much labours & expenses. And an other sort ther is that when the byshoppes would duly excercyse their jurisdiction in cities or other places subjecteth unto them, vpon such causes as notable appertain to them, or else for the excercysynge of ecclesiastical jurisdiction, sand forth their canonical and lawful commandments, and their executions in due maner to be fulfilled, doth stop and let and cause other to stop and let the same unjustly, and presume to take bete and entreat maliciously and in iuriously the messengers that carry such commandments, and would do duly just executions, ye and some temporal lords & their bayles pretending the goods of them that die intestate to be devolved( although erroneously) to the said lords make distresses in the same goods, so that the ordinaries can not convert them in to the payment of the debts, of them that so depart, or in to any other holy uses for the souls health as it was ordained of old, by the kings consent and the nobles of the realm of england, in the derogation of the chyrches liberty and the great impediment & hindrance of the spiritual lawe & jurisdiction. Therfore we by deliberation of this present counsel do pronunce all and singular transgressors in the premisses or in any parte of them, and consenters to the premisses or to any parte of thē or such as do give counsel, help, or favour, to the same, or do allow & ratify any of the premisses done in their causes or names, to be wrapped in the sentence of the great excommunication, whose absolution we reserve specially to the diocesanes of the places. And moreover command al such transgressors, generally .iiii. times in the year, openly to be denunced excommunicated in all parish chyrches of our province of Canterbury. ¶ The same. princes of the world which haue received power of god be wont to get and obtain that of the obstinate people, by the fear of punishment and the sword of their power, which the rulers of the church could not ones fasten in their necks, wherefore honourable antiquyte doth inform us that if excommunicate persons arrogantly cast of from them with hard hart the benefit of humilyte & the desire of reconsilyng, the kings power called in to help is bound by the due rigour of justice to keep in prison such rebellions, but it happeneth some time that when certain persons be excommunicated, and that for manifest offences, and then at the signification of prelates according to the custom of england be taken and cast in to prison, the bishops be commanded by the kings breves, that if the imprisoned will find surety to obey the lawe and the commandments of the church to deliver them from the presons where they be, but if the bishops do it not as they neither may neither ought to do, by the lawe before due satisfaction, an other breue is directed to the schreues, that they( after such caution of the imprisoned be received) shall deliver them without delay. moreover when suggestion is made to the kings court( although not truly) that such excommunicated ar redy to obey the chyrches commandments ther be precepts made to the schreyues that they shall deliver & let go the said excommunicated, no mention made of the parties at whose instance they were excommunicated. And sometime when suggestion is made as before said, that the said imprysoned be excommunicated for such cause as appertaineth not to the spiritual court, then haue the schryeues in commandments, that if such be excommunicated & imprysoned for such cause & none other, to cause the byshops to deliver thē shortly. And no credence or faith is given to the processes of the spiritual iudges, vpon such cause of excommunication. And so the excoincated in the said cases be unjustly delivered at such commandements & {pre}ceptes, whereby the ecclesiastical iudges office is confounded & made vain while the lay iudges that haue not the key of power & knowledge( which they ar so straitly bound to follow & obey that the authority of examination judging & commanding is utterly forbeaden thē in all such things, as appertaineth to the spiritual jurisdiction) go about to cut down an other mannes corn, & throuh the wicked company of the excoincated persons unjustly as beforesaid delivered, aswell the schreues & bayles that deliver thē as other commen & faithful people that keep company with such excoincated be pestyferously defiled & their souls loaded with great jeopardy and perels. against which things we be moved with fervent charity to provide some remedy. And therfore we enact that if any excoincated in our {pro}uynce & imprysoned do so depart, from prison contrary to the liberties & customs of the church of england, they shalbe openly denounced acursed unto their greater confusion and shane, in places notable, solemnly with ryngynge of belles, and lyghtynge of candles, and shall utterly be forbeaden the company of all faithful and to bye and sell, or otherwise to bargain or contract for their own profit. And all that vnlefully company with thē shall be sharply punished by the censures of the church no regard of persons taken in that behalf. ¶ The same. FOr as much as the lay be forbeaden as well by the laws of god as of man to order or dispose the church goods, it is therfore manifest that this unjust usurping must be laid a side, whereby certain paryshens within our province of Canterbury either being ignorant what they may do or rather arrogantly passing the bonds limited unto them do pluck up by the roots, and cut down trees and gross, which grow in the shepherds of chyrches, & chapels at their own pleasures, contrary & beside the will of persons or vicars and their deputes applyinge the same to their own uses, or their chyrches, or some others. And so they boldly commit sacrilege to the ieopardyes of their souls. And great contentions, stryues, and evil occasions do rise almost daily betwixt the rulers of chyrches, and their paryshens, by means therof, wherefore by authority of this present counsel, we decree, such bold despisers of the law, to be wrapped in the sentences of the great excommunication, comprehended, as well in the constitution of Octobone ones legate of the see of Rome in england, as in the counsel of Oxford, made against the vylatours of the chyrches liberties. And who so ever hereafter vnlefully usurp in these things, we command them to be openly & solemnly declared a cursed by the persons or vicars, which perceive their chyrches to be hurt through the premisses. And the said usurpers we decree to be put from the company of the faithful to their confusion, and shane until they offer, and make effectual amendes for the premisses. ¶ Taken out of the kings answers. SCiatis {quod} cum dudum et infra. It pleaseth the kings heyghnes that hereafter no dystraynes be made, neither in church feode, neither in the kings way, neither in the lands wherewith the chyrches haue been of old time endowed, nothwithstondyng in such possessions as men of the church haue gotten the said distresses may be made. Also a clerk that fleeth to the church for felony, to haue liberties therof affirming himself to be a clerk, shall not be compelled to abjure the realm, but delivering himself of the realm shall enjoy the church liberty, according to the laudable custom of the realm hitherto used. Also the benefice of the chyrches liberty is lykewese given to him that appealeth in due form, as it is to a clerk, which is required by his ordinary, which text lynwod readeth thus. Also the benefice of the chyrches liberty, shall be given to a clerk that apecheth other, as unto him that is required by his ordinary in due form. ¶ Stephyn. cum viris religiosis et infra. we ordain that neither monk neither chanon regular may take to ferme, church, maner, land, or any other thing of his own house, we also straightly forbeade the keeping of any maner to be committed to monk or chanon regular, which is not always under obedience lest through his long absence from his monastery or his lewd conversation, some slander rise, if the contrary be presumed, let it be amended by the superior. Also religyouse persons may not take that church to ferme specially after the persons death, wherein they claim any right, if they do, they shall be punished at the superiors arbitrement. ¶ The same. BI this present ordinance, we enact & decree, that clerkes beneficed or within holy orders, shall not be made procurators of lordships, that is to wyte, they shall not lestuardes or baylyes of such offices, as by occasion therof they should be bound to accounts making, unto the lay, nor shall excercyse secular jurisdictions, specially those that haue the judgment of blood annexed to them. And unto this we thought it best to add, that the iudgement of blood be not kept in holy places, as in the church or chyrchyard. And further by authority of this present counsel, we straightly inhibyte that no clerk having benefice or holy orders presume to writ or indyght letters for the executing of the pain of blood or to be present where the iudgement of blood is kept or excercised, for be it known unto such that they be unworthy of the chyrches protection seeing through them presumyng such things slander is engendered in the church of god. ¶ The end of the thyrde book. The fourth book. ¶ Of promises and matrimony. MAtrimony must be celebrated with honour and reverence as other sacraments be, by day time, in the sight of the people, and not with lawghynge and sporting & little regard, moreover in the knyttyng of matrimony the priests always by .iii. sundays or sundry feasts must make .iii. proclamations, and inquire of the people the frenes of the sponse and sponses, if any prest observe and keep not such proclamations, he shall not escape the pain lately in the counsel for the same appointed, let the priests also warn and forbid oftentimes, that such as will contract matrimony betroweth not themfelfe, but in open place, before known and many persons called together for the same purpose. ¶ edmund. ¶ Of the marriage of them that be under age. Where as is not the consent of both parties, ther is no bonde of matrimony, therfore such as give to young boyes young lasses in their yowth, do nothing at all, except the children after they come to the yeres of discretion, consent thereunto. By authority therfore of this ordinance we forbid, that henceforth none be joined and set to gether, whereof both or the one be not come to the age appointed by the laws and the canons, except ther be an urgent cause of necessity, that such coniunction should be suffered for the goodness of peace. ¶ Of privy marriages. ¶ simon Mepham. FOr as much as where marriages be made no banes asked before, many ieopardyes haue risen to means souls and manifest it is daily do rise, we command all and every our suffragans that vpon certain solemn dayes, when the great multitude of people is present, they cause the decretal law Cum inhibitio. & c̄. wherein marriages ar forbedden to be made, without banes asking & proclamations making, to be declared and expounded in the vulgar tongue in all parish chyrches of the diocese, and cause the same lawe to be firmly kept and observed of all priests, ye though they be not parish priests, ponyshynge them by the pain of suspension from office for .iii, yeres space, that presume to be present at such marriages as be made before the banes be asked after the accustomend maner, and also correcting them with just punishment that so do marye, if ther be none impediment. And what so ever pressed, whether he be secular or regular presume to celebrate the solempnization of matrimony without the parish church having no special lycens of the bishop of the dioce thereunto or be present thereat, he shall be suspended from his office for one hole year. ¶ Iohn Stratford. HVmana concupiscentia et infra. By authority of this present counsel, we enact and ordain that such as hereafter contract matrimony and cause the same openly to be solemnized, having knowledge or any likely presumption of caconical impediments in that behalf, and likewise priests, which here after wittingly execute the solempnysynge of such marriages as be forbeaden, or else of such as be not forbeaden, betwixt any other thē their own parysheners, except they haue obtained a lycens of the diocesan or the curat of them that be married. And moreover such as hereafter cause either through violence either fear privy matrimonyes to be solempnised in chyrches, oratories, or chapels or be present at the solempnizasyon of such foresaid marriages having knowledge of the premisses shall incur in the dede doing the sentence of the great excommunication. And we will that every year .iiii. times they be openly denounced excommunicated in comen and shall nevertheless suffer the pains decreed by the law against them that celebrate matrimony without banes asking, or other wise privily. And for asmuch as the constitution of good memory simon Mepham ones archbishop of Canterbury our next predecessor, whose beginning is in latin. Item quia ex contractibus, & c̄. seemeth by the opinion of many in the end to be doubtful or obscure after the bark or outward sound of his words, intending to make che same constitution for all times to come, certain & without doubt by the agreement of this counsel, we declare the same thus to be vnderstonde, that what so ever pressed secular or regular presume to be present at the solempnizatyon of matrimony without it be in a parish church or chapel, having of old time the rights of a parish church apperteynyng unto it shall receive in so doing the pain in the same decreed. ¶ The beginning of the .v. book. ¶ Of accusations, denountiations, and inquisitions. ¶ edmund. LEt ther be in every deanery .ii. or .iii. men, having god before their eyes, which being appoynted at the commandment of the bishop or his officyalles may denunce unto them the open and notorious excesses of the prelates, & other clerkes. ¶ Of simony. ¶ Stephyn in the first counsel of Oxford. We firmly forbeade any to be denied through the lack of money, sepulture, or baptism, or any other sacrament of the church, and that matrimony be not letted to be made, for if ought haue ben accustomed to be given through the godly devotion of the faithful, we will that justice therein be ministered to the chyrches, afterward by the ordinary of that place, as it is expressly decreed in the general counsel, we also judge it unmeet that ought hereafter should be required or given for oil and onoyntynge, seeing it is found so often forbeaden, if any presume to do contrary hereunto, let him be denounced an anatheme, that is with all solempnyte acursed. ¶ Stephyn. furthermore by assent of this present counsel, we ordain that none henceforth presume to take from any person by extortion, money, or any other thing, for the receiving of him in to any house of religion, in so much as if he that entreyth must cloth himself through the poverty of the house, ther shalbe nothing in the world received of him under the pretence of clothing more then the true and just price therof. ¶ edmund. furthermore we straightly forbedyng the sale of masses, do command that no lay or other presume to give or bequeth in their testament any thing for an annual of masses or a trentall. And we also forbid any maner paction true or by any wise cloaked to be made by priests or other mediators. And lest priests should at any time load wolf with the superfluous multitude of such annuyte of masses, which they can not fullfyll honestly wolf, & therfore must haue under them other priests hired for a certain price, or else sell them to other to be song, to vnlode & discharge wolf, we that thing hereafter to be done forbeade under pain of suspension. ¶ The same. IT shall moreover be lawful for none to give a church to any other, under the name of dowry making, or to receive by paction or promise money or other advantage, for the presentyng of any {per}son, which thing if any do, and be therof conuycted, or confess it in iudgement, we do enact & make, using as well the kings authority as our own, that he shalbe deprived for ever from the patronage of that church. ¶ That prelates set not to form their offices for annual rent. ¶ Stephyn. THat all desire and covetousness may be expelled from ministers in the church of god, we ordain that archedeaconryes deaneryes & other offices which be more spiritual, shal not be set to ferme, but if ther be a certain temporal profit annexed to this office, that may be set to ferme, by the superiors lycens at it is decreed of other benefices, if any dare do contrary to this present statute, whether he be archdeacon or dean, or haue any maner such office, and therof be canonycally conuycted, he shalbe suspended by his bishop from such office for one year, and an other shal be appointed that may in the mean time with discretion occupy his place. ¶ Of masters and the authority of teaching. ¶ Thomas Arundel. REuerendissime synodo et infra, Because an old pot schard savoureth of that wherewith it was seasoned when it was new, we ordain & decree, that masters and such as teach children or any other, in sciences or in grammar instructyng them in the first pryncyples, shall in no wise medyl to instruct them in the catholic faith, in the sacrament of the altar, or other sacramentes of the church or in any other divine matter, contrary to the determination of the church, neither shall interpretate or declare holy scripture in expoundyng the text, but as it hath been of old time accustomend. They shall not moreover suffer their scholars or disciples to dispute openly or privily of the universal faith or the sacramentes of the church, he that doth otherwise, shal be grievously punished by the ordinary of that places, as a favourer of errors and scysmyes. ¶ The same. furthermore because a new way doth oftener deceive then an old, we will & ordain, that no book or treatise newly made by Iohn wyclyffe or any other in his time, or syns, or hereafter to be made, from henceforth be read in schools, hawles, hostels, or any other places within our province aforesaid. And that no maner of doctrine after such books be taught, except the books be first examined by the vniuersyte of oxford & cambridge, or at the lest by .xii. {per}sons of the same, which the said vniuersytes or thone of them shall think worthy to be chosen by the laudable discretion of us or our successors, and so examined all agreynge in one be expressly approved by us or our successors, and in the name of the vniuersyte be delivered to the stationaryes to be copied, and after faithful collation made, be sold at a just price or given the original afterward remaining for ever in some cheyste of the vniuersyte, but if any read such book or treatise in schools, or else where as before said, or teach after them, contrary to the form before limited, he shalbe punished as a sour of scysmyes and a favourer of heresies, according to the quality of his fault. ¶ The same. IT is a very ieopardyes thing( witnessing the same saint Hyerō) to translate the text of holy scripture from one tongue in to an other, because the same sense doth not lightly abide through out in the translations as the self same saint Hyerom( although he were inspired) knowledgyth himself therein oftentimes to haue erred. Therfore we enact and ordain, that none hereafter translate vpon his own authority any maner text of holy scripture in to the english tongue, or any other tongue, in maner of a work book or treatise. And that no such work book or treatise be read openly or rejoicingly in part or in hole, which was made lately in the time of the said johan wycleyffe, or syns, or hereafter shal be made under the pain of the great excommunication, until such time as that translation be approved by the diocesan of that place, or if the thing so require, by the counsel prouyncyall. And he that doth contrary to this shall be likewise punished as the favourer of heresy and error. ¶ The same. furthermore seeing that he which hath set the bounds and end of all things can not be comprehended with any conclusion of philosophy, or any invention of man, and seeing that saint augustine hath oftentimes revoked true conclusions, which grudgyd and displeased religious eres, we ordain & under obtestation of the divine iudgement, we specially inhibyt, that none of what so ever degree state or condition he be, hold or put forth conclusions or propositions of the catholic faith, or words soundynge any wise contrary to good manners, otherwise then the doctrine of the faculty do necessary require, whether it be done in schools, or out of schools, in dysputynge, or in communynge under protestation, or without protestation, no though the said conclusions or propositions may be defended by the subtilite of words and termyes, for saint Heugh writing of the sacramentes witnesseth that thing oftentimes not to be well understand, which is well spoken. And if any other person after publication of these presentes shalbe conuycted that he hath wittingly putforth or hold such conclusions or propositions, except he being monished, amend himself within a month, shall incur in the dede doing the sentence of the great excommunication, by authority of this present ordinance, and shal be openly denounsed for an excommunicated person, until such time as he openly knowledge his fault in that place, where he put them forth and held them, and openly preach at the ordinaries arbitrement, the true and catholic meaning of the same conclusion or proposition other in one church, other in diverse as it shall seam to the ordinary expedient. ¶ Of heretics and scysmatykes. ¶ Thomas arundel in the coumsel of Oxford. REuerendissime synodo et infra. we enact, decree, and ordain, that no secular or regular, which is not authorised by the lawe, or otherwise specially priuyleged to preach the word of god, shall take vpon him the office or use of preaching of the said word of god, or in any wise preach to the people or clergy in the latin tongue, or in any vulgar tongue within chyrches, or without, except he first present himself to the dyocesane of that place, where he intendythe to preach, and of him be examined, and when he is found apt and meet both in manners & knowledge be then sand to preach by the diocesan unto one certain parish or unto many as it shal seam expedient to the ordinary after the quality of the {per}son. And also none of the forfayd shal presume to preach until it first appear in due form that he is sand or authorised, so that he, which is authorized by the lawe, shall come in the maner limited to him in that behalf. And they which affirm wolf under special priuyledge, shall really exhibyt and show their privilege, to the person or vicar of that place, where they preach. And such as pretend to be send by the diocesan of the place, shall likewise show the letters of the dyocesane made for that purpose under his great seal. The perpetual curat we understand to be sand by the lawe to the place and people of his own cure, notwithstondyng if it happen any such to be suspended or prohibyted from such preaching by the diocesan of that place, or any other superior, for errors or heresies, which it is pretended that he hath preached, affirmed, or thought, then may he not in any wise meddle with preaching in any place with in our diocese, until that blot be cleansed & wasched away at the just arbitrement of him that did suspend or inhibyt him, and he lawfully be restored again unto preaching, of which his restitution he shall carry with him letters testimonyall in all places, where he shall afterward preach, and shall really exhybyt the same in form and maner aforesaid, but the parish priests or vicars temporal and not perpetual, being not send in maner before written, may preach in the chyrches, where they serve, those things onely, & that plainly, and simply with prayers accustomend, which things be expressly contained in the constitution prouyncyall beginning Ignorantia sacerdotum. & c̄. which was well and godly made by johan of good memory our predecessor for the supplyinge of the ignorance of priests, which constitution we will to be had in all chyrches of our province of Canterbury within .iii. months after publication of these presentes, and to be effectually declared by the priests at times, yearly as it doth require. And lest this holsom statute might seam to bring hurt by means of exactions of money or any other dyffycultye, we will and ordain, that the examination of persons of which mention is before made, and the diocesanes letters for them be speedily done, all maner difficulty put a part and freely, without exaction of money, by them to whom it appertaineth and belongeth to examine, and deliver the said letters, if any presume wyttingly to violate or break this our statute( by the which we execute the old lawe) after publication of the same, through his rasche preaching contrary to the maner therein destrybed, shall in so doing incur the sentence of the great excommunication, whose absolution by tenor hereof, we specially reserve unto us & our successors. But if any preacher do dyspyce this holsom statute, and not regarding the sentence of excommunication do preach of his own head, again saying affirming or obstynatly in word or dede declaring that the said sentence of excommunication may not be decreed and commannded by the church in the persons of her prelates, we will then that farther process be made against them by the superiors of the places, and that the company of all faithful be utterly forbidden them. And hereof lawful conuycted, except they repent and abjure according to the accustomed maner of the church, they shalbe declared for heretics by the ordinary of that place. And thenceforth shal be taken and reputed of all persons for heretics and scysmatykes unto all effect of the lawe. And in so doing shall incur the pains of heresy and scysmye in the law expressed. And specially their goods shall be judged forfeit by the lawe. And shalbe seasoned by them that haue interest. And likewise their favourers, receivers, and defenders shall suffer the same penalty in all things, if they lawfully monished by their superiors in that behalf cease not within a month, & therof be convicted. Furthermore the clergy or people of what so ever parish or place within our province of Canterbury they be, shal admit none to preach in chyrches, church shepherds, or any other places, except they first make a prove according to the foresaid form, of their auctorisyng, privilege, or sending And if they otherwise admit any, the church chyrchyarde or place where such preaching was, shal be under church enterdyctyng in the dede doing. And so shall continue interdycted, until they which so admitted or suffered any to preach, duly amend themself, & obtain of their dyocesane or other superior ordinary, the same interdiction to be relesed in due form of the lawe. moreover, like as a good husband casteth his corn in to the ground that is ordered therfore, that it may bring more fruit, we will and command that the preacher of the word of god coming after the maner before noted, behave himself honestly in preaching to the clergy or the people, according to the matter intended, casting his seed abroad as his audience shall require that is to say, he shall preach to the clergy of the vices that rise amongs them, and unto the lay of their sin, which is commonly used amongs them, and not contrary wise for if he do otherwise preach, he shalbe canonycally and sharply punished by the ordinary of that place, according to the quality of his fault. ¶ The same. ITem for so much as that parte is fowle which agreyth not with the hole body, we ordain and decree, that no preacher of the word of god, or any other person may teach preach, or observe any thing of the sacrament of the altar, of matrimony, of confession, of sins, or of any other sacrament, of the church or article of the faith, otherwise thē it is found dyscussed by the holy mother the church, neither turn in to doubt, that is defined and decided by the church, or privily or openly speak wittingly blasphemous words about the same, or preach teach or observe any maner sect or kind of heresy, contrary to the holsom doctrine of the church. And who so ever shall presume after publication of these presentes, wittingly and obstynatly to attempt the contrary, shall incur in the doing, the sentence of excommunication, from which he shall at no time, but in the article of doth be absolved, except abjuration of heresy be first made, generally or sympyle in maner used of the church, and he amend himself, and for his faults receive helthy penance at the arbitrement of that ordinary in whose territory he is declared, & proved to haue trespassed. And if he order himself likewise the second time, and so fall in to lapse, and therof be lawfully conuycted, he shalbe declared by sentence for an heretic in the relapse, & his goods shal be taken as forfeit, & applied to them that haue interest. As touching the penance whereof is mention above made, we will it to be such that if any teach, preach, or hold privily or openly any thing contrary to that, which is determined by the church in the decrees decretals or our constitutions prouyncyall, or any kind, or sect of heresy, in the parish church of that place, where he hath so preached taught or holden, vpon a sunday or some othtr solemn day or many dayes, at the arbetrement of the ordinary of that place, according as he is comdempned to haue trespassed little or much, he shall expressly revoke the self same things which he hath so taught or affirmed. This we will to be done in the time of divine service, when the great multitude of people is present, and moreover shall preach teach, and rehearse effectually, and without fraud and deceit the things determined by the church And shal furthermore be punished according to the quality of his demerits, as it shall seam to the ordinaries discretion expedient. ¶ The same. NOne may presume to dispute openly or privily of the articles determined by the church as they be contained in the decrees decretals and our constitutions prouyncyall or synodalles, except it be done to haue the true vnderstondyng of thē, or may call in to doubt the authority of the same decrees decretals or constitutions {pro}uincyall or the power of the making of them, and specially concerning the adoration of the glorious cross, worshipping of saints images or pilgrimages making unto their places & relics, or against oaths to be made after the used maner in cases accustomend in both courts, that is in the spiritual court and temporal, but henceforth, all shall teach commonly and preach that the cross and image of the crucyfyx and other images of saints ought to be worshipped in the memory and honour of them, whom they figure & represent. And likewise their places and relyques with processions knelynges, inclinations, sensynges, kyssynges, offerings, lights burning, & pilgrimages, & with all other manners & fashyons, as hath been accustomend in our times & our predecessors, & that oaths made vpon the holy gospels of god touched in cases in the lawe expressed, and in both cortes accustomend, may lawfully be given of all that haue interest. And he that affirmeth preacheth teachyth, or obstinately meaneth the contrary, except he go from it under manner and form by us other times decreed, and abjure as it is ther provided, he shall incur the pains of heresy, and in conclusion of relapse, and by sentence shalbe declared for such unto the hole effect● of the lawe. ¶ The same. FInally for so much as these things, which rise newly and vnusedly haue need of new & speedy remedy. And where as greatyst jeopardy is ther must the wiser provision and the stronger resystance be made, neither yet is it against justice, that the part which is of little value should be discreetly cut away, that the worthyer parte may the perfyetlyer be nourished, therfore considering( which things we speak to our hartes sorrow) howe the nourishing vniuersyte of Oxford, which was wont to spread abroad like as a plenteouse vine her fructefull branches to the honour of god and the many fold profell and defence of the church, but now partly turned in to a wild vine bringeth forth sour grapes, which etyn vndyscretly of thē that repute wolf learned in the laws of god, setteth the chyldrens teeth an edge, and our province is infected with diverse and unfruitful doctrines, & is spotted with a new damnable name of lollardye to no little slander of the same vniuersyte, and great weariness of them that here the nourished from far and straynge parties. And also to the hurt of the church of England, which was wont to be defended by the vertuose doctrine of the same vniuersyte, as with a wall inexpugnable, but now the stones broken and divided, shall never recover her hurt again, as it is very likely, except speedy help be provided. At the supplication therfore of the procuratores of the hole clergy of our province of Canterbury, and by the consent and assent of all our fellow bretheren and our suffragans, and other prelates being present in this convocation of the clergy and the procuratores of them that be absent, we intending holsomly to provide for the honour and profit of holy mother the church, and of the said vniuersyte, lest when the rivers ar purged & cleansed the well spring being infected, will not suffer the water to run clear, do statute and ordain that every warden and profeste custos or principal of college haul or inn of any vniuersite diligently inquire ones at the leste every month in the college haul or inn where he ruleth, whether any scholar or inhabitant of such college, haul or inn, haue affirmed, holden defended or any wise {pro}poned conclusion, proposition, or opinion sounding evil in the catholic faith, or in good manners contrary to the determination of the church, but as the necessary doctrine of his faculty doth require. And if he find any suspected or defamed therein, let him monish him effectually to cease. And if afterward he take the same again or any like, contrary to such admonition, besides the pains other times by us appointed, he shall incur in so doing the sentence of the great excommunication. And nevertheless if he be a scholar that so taketh them again, what so ever he haue done in the same vniuersyte, from the time of his said admonition, it shall not stand to him for his form. And if he be a doctor master or bachelor, in so doing shalbe suspended from all scholastycall act, and in both cases they shall lose the right that they had in the college hall or inn, and shal be really expelled by the same wardens custos profestes principals, or other to whom it appertaineth to do it. And without any tarrying, a catholic person shalbe substituted in his place according to the lawful maner of that house And if the wardens, presidents, or profestes of colleges, or the principals of walls or inns, in which such persons suspected, detected, or defamed do live, be negligent about the inquisitions and executions of the foresaid things, by the space of .x. dayes, after they haue true knowledge, or presumption of the publycation of these presentes, in that dede shall incur the sentence of the great excommunication. And nevertheless in the same dede, shalbe deprived from all right, which they pretend to haue in the colleges hawles or inns. And the same colleges, hawles, or inns, shall effectually be vacant and void. And after lawful declaration made therof, by thē that haue interest, new wardens, profestes, presidents, or pryncypalles shal be substituted as it hath been accustomend, after the old manner of the said vnyuersytes, used when such colleges hawles or inns be vacant. But & if the said wardens, custos, profestes, or princypalles be defamed wolf or be suspected or detected of and vpon such conclusions or propositions, or be defenders, protectors or favourers of the same, and be warned by us or by our authority, or by the ordinary of that place, or by his authority, and yet do not cease, then let them be deprived even by the lawe, from all scholastycall priuylege of the said vniuersyte, and from all right and title that they had in such college hall or inn, over and besides other penalytes of which it is before mentioned, and moreover shall incur the sentence of the great excoincation, but if any presume wilfully or obstinately in any case of this last present constitution or in any other case before rehearsed, to break these our statutes in any parte of thē, although ther be an other penalty in that same place, by express words limited, yet in the same dede shall he be made utterly unable & unworthy without any hope of forgiveness for .iii. yeres space, to obtain ecclesiastical benefice within our province of Canterbury. And shal nevertheless be canonycally punished by the discretion of his superior, according to his merits and the quality of his excess. Furthermore lest we should seam to wander vncertaynly in maner of process about the premisses, perceiving that though ther be a certain likeness and egalnes in diverse laws between the crime of heresy and treason, nevertheless the offence is unlike, and it requireth greater punishment to offend the majesty of god then of man. And therfore seeing it is sufficient to conuycte him that is accused of treason by certain light tokens and proves for the ieopardyes that may ensue through delays. And seeing that summarye and plain process may be made against the party being called in, by messenger, by letters or by proclamation, and so may go fourth to the receiving of witnesses and dyffynityue sentence without the said parties answer, we will and ordain, and declare that for the easyar way of ponyshyng them that fault in the premisses. And for the reformation of the chyrches diuisyon, which is thereby greatly hurt, that such as be defamed, denounced, or detected, or be vehemently suspected in any case before specyfyed, or in any other article that soundeth evil in the catholic faith, or in good manners, shalbe cited by the authority of the ordinary of that place, or of an other superior, personally if they may so be gotten by letters or by messenger sworn, or else by {pro}clamation openly made at the place, where the transgressors habitation is, or where he was wont to tarry, or else in his parish church if he haue a certain dwelling, and in case he haue no certain dwelling in the cathedral church of that place, where he was born and in the parish church of that place, where they haue so preached and taught. And after that lawful certyfycat be made of the execution of such citation, let process be made against him that is absent and will not appear, in pain of such his contumacy, summarye & plainly without business and figure of iudgement, and also without answer making, and so forth to the receiving of witness and other canonical proves. And after lawful information taken, let the same ordinrrie with out any maner delay give sentence & declare and punish according to the quality of the the fault in maner and form above expressed, and furthermore let him do that justice requireth, the absence of the dysobedyent not withstondyng. ¶ Of Apostates. ¶ Iohn Peccham. furthermore ther be some which intendyth as it appeareth by certain evident faytes to forsake the world for ever and do show tokens that they wolde keep war all their life watchyng in their cloisters in the service of the lord. And yet that notwithstondyng the same being overcome of carnal desire return to their vomyt, and go again to the world, worthy to be counted amongs wanderynge stars. And therfore although the laws do manifestly define that they may not forsake religion utterly, but at the leste must continue in some religion that is easier, some nevertheless being without shane and fearing not the infamy of apostasye, after they haue plainly declared that they will forsake the world, do leave jerusalem, and return in to Egypt. wherefore we ordain, that the ordynaryes of places shall search with all dylygens for such, and by subtraction aswell of office as of benefice if they haue any, shal call them back again to the old state, or shall compel them to go to some loser rule, but if such apostatas be lay persons, let them be compelled by ecclesiastical censure to return to the study of their health, how be it we will not extend this ordinance to them with whom the apostolhke see hath otherwise ordained. ¶ Of them that haue slain their children. ¶ edmund. LEt women be monished that they nourish their children warily and that they lay not the yonglynges nigh to them in the night, lest they oppress them. Also they may not leave them in their houses, where is fire or nyghande to the water alone, without a keeper, and let this be shewed them every sunday. ¶ Of mansleyinge. ¶ edmund. IF a woman be ded in labour, and that do plainly appear, if the infant be thought to live, let her be cut, so that the womans mouth be kept open. ¶ The same. IT is enacted by provision of the holy counsel, that if patrons, advocates, or few dataries, or vycelordes through mysheuous boldness presume to slay or meyme by themself or by other, any person of church, vicar, or clerk of the same church, they shal utterly lose patronage advocation fee, vycelorshyp which they had in the church and their posterity in no wise shalbe received in to the college of clerkes, unto the fourth generation, neither shall obtain the honour of dignity or prelacy in regular house. And this we will oftentimes to be denounced in the chyrches. ¶ Of theft. ¶ Stephyn. We forbid under the pain of cursing that none retain theffes in service to commit theft, neither suffer them wittingly to dwell in their grounds. ¶ Of a clerk that is an hunter. ¶ Bonyface. We ordain that if any clerk be dyframed of trespass committed in forest or park of any mannes, and therof be lawfully conuycted before his ordinary or do confess it to him, the diocesan shall make redemption therof in his goods, if he haue goods after the quality of his fault, and such redemption shalbe assigned to him to whom the loss hurt or injury is done, but if he haue no goods, let his bishop grievously ponysh his person according as the fault requireth, lest through trust to escape punishment they boldly presume to offend. ¶ Of him that hath received orders by stelleth. ¶ Iohn Peccham. FOr as much as after the mind of doctors of diuinyte the war of clerkes is defensed with .vii. orders, the sign or mark of every order imprinted in the soul of the receivers, which also by receiving of every order be increased or augmented with the gifts of grace, except they receive them feignedly or in deadly sin, it is therfore very expedient that they receive them not thick to gether, that is to say many at ones, for such hepyng to gether doth dimynysh their reverent and grace, and so it followeth that they rebounde back from the unworthy, through the dyshonerynge of them. And therfore it is manifestly known that it is against the dignity of the most reverend sacrament to give to any one five at ones, that is to say .iiii. inferior orders with one holy order, wherefore in some provinces .iiii. smaller orders be not lightly given at ones to any person, to the intent that clerkes ascending to the service of Christ singing as it were a song upward should at length by degrees come to the higher, when they were proved in the lower offices, wherefore in as much as we be bound to choose out of every church those things that be godly that be religious that be most honest and bind them to gether like a faggot in the minds of the english chyrches, we command that the byshops in these things follow the ordinances of the canons. And as concerning the smaller orders, let them be given at the lest way some time two and two, for the reverence of the sacrament when it may with good maner so be done. And they that receive them all at ones or singularly, let them be openly instructed in the vulgar tongue of the diuersyte and distinctione of orders, offices, and charactes, and of the fruit of grace, which is contained in every order, and is augmented in all that come worthily. ¶ Of the excesses & faults of prelates. ¶ edmund. We admonish the persons of chyrches that they labour not to remove cheyr yearly chapleyns without a cause reasonable, specially such as be of honest conversation & haue laudable witnesses of their honest living, but if ther be any slander risen of the incontinentye of the parish pressed, for so much as the {per}son ought to be vigilant herein therfore if the bishop haue knowledge, therof other by comen famed or inquisition before the person denounce it, then shall the person himself be punished at the superiores arbitrement, as though he were of counsel, and so must we reckon likewise of vicars, And we decree aswell the persons & vicars to be sharply punished as the parish priests, except they watch and be diligent to denounce the excesses specially of incontynentie, in which the clerkes of their parishes be notably found. ¶ Of pryuyleges. ¶ Iohn Peccham. SAcramentum penitentie et infra. There be moreover certain, which under pretext of general priuyleges obtained of the apostolic see, contrary to the mind of him that gave them such priuyleges, do dispyce the byshops authority and without his pleasure & consent required, thrust in themselves to here the confessions of their subiectes, whose presumptuousnes we intending to put down as we be bound do, forbeade under pain of excommunication, that none hereafter without the byshops lycens, other given by express words, other probably presumed, here the confessions of the byshops subiectes, except by plain tenor of his priuylege, he be exempt from all jurisdiction ordinary and metropolitan to here confessions. And if any presume the contrary, process shalbe made against them as against rasche abusers of their priuyleges. ¶ Of canonical purgation. ¶ Stephyn. CEterum et infra. we thought it straightly to be forbeaden that no archedeacons or their officials, or other iudges compel any to make purgation at the suggestion of their somners, except the party be otherwise defamed amongs good men and persons of grauyte, neither shall presume to be both iudges and actors in their own causes when it is in doubt, whether it be due that is exacted and required by them. ¶ Boniface. STatuimus & infra. moreover if clerkes haue made their canonical purgation vpon such things as was laid and objected against them, and yet nevertheless the lay power taketh their goods or withholdeth them, such takers and withholders shall be compelled unto the restitution of the said goods by censures of the church. ¶ Iohn Peccham. CLerkes which haue been in hold with the lay power for their faults, and at length be restored to the church for conuyctes may not lightly be delivered, neither light purgation for them may be admitted, but with all solempnyte of the lawe, & with such ripe deliberation that it may not displease the eyes of the kings mayestye, or of any other that be moved with the desire of iustice ¶ Iohn Stratford. ITem licet et infra. we ordain that they which hereafter be defamed of crimes or excesses, and would purge wolf therof, shall not be drawn from one deanery in to an other, or in to such places of the country, where vytals and other necessaries be not sale, but in joining purgation to such as be defamed the byshops, archedeacons, & other ordinaries or their officials, shall not appoint them above the nombre of .vi. hands, for the crime of fornication, or like crime. And for greater crimes as adultery & such, above the number of .xii. under pain of suspension from office, which pain we will them that do contrary, to incur in so doing. ¶ Of pains. ¶ Boniface. etern sanctio voluntatis et infra. For somoch as it oftentimes happeneth archebyshops, byshops, and other inferior prelates to be called in to secular iudgement, by the kings wrytes letters, ther to make answer for such things as be known, merely to appertain to their office and the spiritual court, as if perchance they haue admitted or not admitted clerkes to chyrches & chapels vacant or not vacant, and haue instituted or not instituted rulers in the same, or haue excommunicated their subiectes or denounced them excommunicated, haue interdycted, haue dedycated chyrches, haue given orders, haue had cognition of causes more spiritual, as of tithes and oblations and of bounds of parishes and other like, which may not in any wise appertain to the secular court, moreover if they haue taken examination of the faults and excesses of their subiectes, as of periurye promise breaking, sacrilege, of violatyng and troublyng of the church liberties, specially seeing the violators and disturbers therof, do fall in the dede doing in to the sentence of excommunication by the kings charters granted to the church of England, or if they haue taken cognition betwixt their clerkes, or by twyxt the lay complaining, & their clerkes defending, in personal actions vpon contracts or as contracts, vpon grievances or as grievances, and also if they haue not at the kings commandment compelled ecclesiastical persons amerced in the secular court, to pay such amerrementes, or haue not paid the same for them, or if they haue excercised their canonical and accustomend jurisdiction in chyrches or chapels annexed to byshoprykes or monasteries when they be vacant by death or resignation of their rulers. And if they haue done or haue not done any such things as appertaineth unto their offices, we decree and ordain by authority of this present counsel, that archebyshoppes, byshoppes, and other prelates shall not appear when they be called for such spiritual causes, for so much as there is no power given to the lay to judge the lords anointed, but ought of necessity obey and follow them, notwithstanding for the regard of the kings honour, let the higher prelates go or writ unto the king, that they may not obey such the kings commandments without jeopardy of their order and degree. And in case the kings heyghnes make memtion in his attachementes, prohibitions, monitions not of tithes, but of the right and title of patronage, not of feigned faith or periurye, but of catell, not of sacrilege or dysturbance of the church liberties, but of the transgression of his subiectes and bayles, whose correction he affirmeth to appertain to him. Then let the said prelates intymat and show unto his dignity, that they take not or intend to take cognition of patronage, of catell, or other things appertaining to his court, but of tithes, offences, and other more spiritual things apperteynyng to their office and jurisdiction spiritual, and to the health of souls, monyshynge and beseeching him that he will not let nor withstand them in the same. And nevertheless let the bishop himself go unto the king, & again monysh him to look unto his souls health, and utterly to cease from such commandments, and if he so cease not, then at the denunciation of the bishop, the archbishop calling to him .ii. or .iii. or more other bishops, such as shall please him if they be in his province, or else the bishop of London being as dean of the bishops with two byshoppes or more joined to him, shall go to the king and monish him very diligently, requiring him to cease from such commandments. And if the king nevertheless procede by himself, or by other unto such attachementes and distresses, dyspysyng such exhortations and admonitions, then the schryues and bayles, what so ever they be that so attach or dystrayne the said prelates shalbe kept of, by the sentence of excommunicatyon and suspension made in form of lawe by the dyocesanes of the places, which thing shall likewise be observed, if the schryues or bayles go forwards in such attachementes or distresses in the time that such monitions be made to the king as before said. And if the schryues or bayles continue in their obstynacye, then the places where they dwell and their lands, which they haue in the province of Canterbury, by authority of this present counsel shall be put under ecclesiastical interdiction by the dyocesans of those places, at the denunciation of that diocesan within whose byshopryke such distresses be made. And if they be clerkes that so attach or be beneficed, they shall be suspended from office, and if they go forth in their malice, they shall be compelled to cease and to make satisfaction by subtraction of the proventes of their benefices. And such as be not beneficed, shall not be admitted by the space of .v. yeres, if they be presented to any ecclesiastical benefice in our {pro}uynce of Canterbury. And the clerkes that indycted such breves of attachment or distraynes, or did writ them, or seal them, or gave help, or counsel unto them shal be canonycally punished. And what so ever clerk by any means be suspected in any of the premisses, he shall not be admitted to obtain ecclesiastical benefice, until he haue canonically purged himself therof. And if the king or other secular power being competently monished do not revoke such attachmentes, the bishop that is strained shall put under ecclesiastical interdiction the lands, towns, villages, & castles, which the king or other secular power do obtain in his byshopryke. And if the king or other secular power continue in their hardness, the other cobyshops countynge such distresses as comen unto the injury of them all, and to the comen injury of the church, shall by authority of this present counsel put under ecclesiastical interdiction, cities, lands, lordships, borrows, castles, & villages, as many as be within their byshoprykes of the kings, or of other secular power. And if neither so the king revoke such attachmentes and dystraynes, within .xx. dayes after, or by chat means aggravat his hand against the church, the archbishop and byshops shal put their dioces under ecclesiastical interdiction. The same thing shal be done in the lands, castles, borrows, having regalytes in the said province. And if any bishop be found negligent or slack in this behalf, let him be grievously reproved by his metropolitan, & if he continue in his negligence, let him be canonycally punished by the same. And nevertheless his dioces by the authority and consent of all the prelates and his authority and consent given in this present counsel shall grind under ecclesiastical interdiction. And in case any bishop or ecclesiastical judge or inferior prelate being compelled by such dystraynes do appear before the king or his iustyciariis to allege the priuylege of his court except it be in a case by the law permitted, or of his own frewyll do appear before them to monish them that they cease from the said injuries, and the acts of his process be then required of him, that by them it may appear, whether he haue proceeded in any of the said cases or like, contrary to the kings prohybition, or if oaths excusations, or purgations be required therein, he shall in no wise exhybyt his acts or give any oath, for so much as such instruments may be exhybyted, if it be necessary of the parties, or of one of thē. And if he be a clerk that is herefore arrested, the dyocesane of that clerk so arrested or attached or the archbishop or the bishop of London, as the dean of bishops with certain bishops assotiat shall require him as though he were a bishop that were arrested, & shall punish the witholders, ye and if it be necessary in this case, they shal procede unto the pains before noted. ¶ The same. AD hec et infra. In asmuch as it often happeneth that certain clerkes do take by the lay power chyrches parochyall or prebendall having cure of souls, and be intruded in to the same, without authority of the church, we ordain a clerk so intrused by himself or by the lay power in church or prebend shall by the due order of the lawe be excommunicated and for an excommunicated shalbe denounced by the dyocesane of that place, and shall lack that benefice for ever in so doing. And if he continue with obstynat mind in such intrusion the space of two months after sentence given against him, and haue other ecclesiastical benefices in other dyoce, at the denunciation of that bishop in whose diocese he intruded himself, or procured himself to be intruded, & whose monition and excommunication he despised by the said time the profits of those benefices shalbe utterly taken from him by the dyocesans of the place, until he haue satisfied competently. And if the said intruded grind a year in such sentence of excommunication, he shal not after that be admitted unto ecclesiastical benefice in the province of Canterbury, but if he be intruded by a procurator being a clerk, like process shall be made against the same procurator, and he shal suffer the same penalytes, but if that procurator be a lay person, he shalbe openly denounced excommunycate. And his master that is absent shal be cited, and if he appear & ratyfye the dede of any his procurators in that behalf, he shall fall in to the said penalytes, but if he through contumacye absent himself, and be looked for .iii. months space, being within the realm shalbe wrapped in the sentence of excommunycation, and shall incur nevertheless the said pains, specially seeing he hath added unto his sacrilege disobedyens and contempt. And if he be out of the realm after the delays for such as be beyond the sees, be past, like process shalbe made against him being called. And the church or pretend wherein such intrusion is made shal be interdycted. They that ar the fauerers and workers of such intrusions, if they be clerkes shall incur the said penalytes made against clerkes, if they be lay they shall be punished with the pains otherwise provided against the lay, the places and lands of such intruders, if they make not amendes within a month shall be under ecclesiastical interdiction, but in case such intrusions be made by the kings power, the king shall be monished to call them back within a competent time, or else the lands and places, which the king hath in that diocese, where the intrusion is made, shalbe under interdiction after the maner above noted. And if the intrusion be made by any other noble man pere or of power, he shalbe repressed by sentence of interdiction and excommunication as beforesaid, and if he abide such sentence .ii. months then shall the lands and places which he hath in an other diocese be interdycted by the dyocesane of that place. And the said sentence shall not be relesed until he haue made competent satisfaction, for the negligence, inobedience, and contempt. ¶ The same. IF any clerkes having tonsure & clerkeshyp be taken by the lay power, and in the mean time be shawen of malice and hanged, or otherwise punished, they that shave them hang them, or otherwise punish thē, or give counsel or help thereunto shall suffer the said penalytes, and they that banish such clerkes shall likewise be punished. ¶ The same. EVenit et infra. we enact that the lay shalbe compelled precysely by sentence of excommunication to pay all maner penalytes as well corporal as pecuniary, which they be enjoined by their prelates. And they that will let or stop such penalytes to be paid, shalbe punished by sentence of interdiction and excommunication. And if process be made unto the distraynyng of {pre}lates, for that cause, let process be made against the dystrayners by the penalytes declared in that behalf. ¶ The same. We also enact and ordain that every bishop haue in his byshopryke one or two pryones wherein ungracious clerkes taken in crime or conuycted may be kept according to the commandment of the canons & if ther be any so malycyouse & incorrygibyle & so accustomend to myscheffe, that if he were a lay man, he should suffer by the laws of this world the extremyst punishment, such clerk shalbe judged to perpetual prison, but in all such faults as be done not of will or purpose but by sudden chance, or wrath or perchance madness, we will the old laws to be observed. ¶ Iohn Peccham. THe enormyte of detestable fraylnes is so great that some not regarding the laws nor canons made to sturreup the chastity of nunnes, fear not to commit sacrilege and sin with them, for the which horrible mischief, we intending to provide remedy, do wrap all comytters of such filthiness as well clerkes as lay in the sentence of the great excommunication, reserving the absolution of such persons onely to their byshops, the article of death excepted, in which they may be absolved of any pressed, so that if they recover they shalbe bound under pain of solemn curfyng to confess such their sin to their own bishop within the space of .iii. months, or else in time of vacation, to the keeper of spiritualtyes or to the dean of the cathedrall church. ¶ Iohn Stratford. QVoniam reus et infra. we ordain that for a fault notoryouse or twice committed, or long continued, no money be received at the second time under pain of restoring the double of such money contrary to this received, which shalbe applied within a month after the receiving therof to the works of the cathedrall church, & also under the pain of suspension from office, which sentence they that so do receive money shall incur in the doing therof, except they restore the double within a month. In chayngynge also corporal penance for money, which thing we forbid to be done without a great and urgent cause, the ordynaryes of places shall keep such measure that they lay vpon the transgressors corporal penance not so excesshue heavy and open that they be compelled by such indyrecte maner to redeem ther penance for some great pecuniary sum, but such commutations when they shall seam hereafter expedient, shal be made so moderately that neither the receive be judged a rauener neither the giver to be over much loaded under the said penalytes above rehearsed. ¶ Of penauncyes and remyssions. ¶ Stephyn. FOr so much as it happeneth sometimes souls to be in jeopardy through the lack of confessors. And for so much as the deans rural and persons be a shamed peradventure to confess to their prelates, willing therfore to provide for this sore, we ordain that in every deanery through the archedeaconryes certain prudent and discrete confessors be appoynted by the bishop of that place, to here the confessions of the deans rural of persons and priests. In cathedral churches where as be secular canons, let the canons confess to their bishop or dean or other persons appoynted thereunto, by the bishop or dean and chapter. ¶ Boniface. IN as much as the sacrament of confession and penance which is the second table after our shypwracke and the last haven and final refuge of manes sailing is very necessary to every sinner unto health, we straightly command under pain of excommunication that none presume to stop or let, but that such sacrament of penance may be given freely to every one that desireth it, and likewise a space free for confession, which thing is willed principally for them that be in prison, unto whom such sacrament is oftentimes vngentylly( we will not say vnfaithfully) denied. And though sometime ther be a space given them to confess yet it is granted so short and so importunat that it putteth the wretched persons rather in jeopardy of dyscomfort and desperation then in ioy and gladness of spiritual comfort. ¶ edmund. IN hearing confession, the pressed must haue a lowly and gentle countenance, and his eyes down to the earth, neither may behold the face of the person confessed specially of a woman, and must patiently here what so ever is said and maintain or support her with the spirit of meekness and softness, and for his power must exhort by all means to make a full confession, otherwise it is no comfession, let him inquire used sins, unused he may not, but a far, and by circumstances, so that the expert may haue a way to confess and the vnexperte no occasion to sin, the pressed may not inquire the names of the persons with whom the confytent hath sinned, but after confession he may inquire, whether he were clerk or lay monk or pressed or dean, & always the greater crimes & specially such as be notorious must be reserved to the higher prelates. These be the greater crimes, murder, sacrilege, sin against nature & with kin, defylyng of virgins & nunnes, violent hands in their parentes or in clerkes, vows broken & such. Ther be also causes in which none, but onely the pope or his legate hath power to absolve, notwithstanding the absolution for such may be denied to none in the article of death, but yet it must be condicyonall, that if they recover, they shall present wolf to the popes sight, notwithstanding such shall be sand to the bishop or his penytentiarye. And they that be sand, shall always carry with them letters containing the kind of the sin, and the cheyf circumstancyes, or else let the pressed come himself personally, otherwise they shall not be received. ¶ edmund. AS concerning penance, we command that deacons presume not to give penance, but onely in these cases, when the pressed can not, or is absent, or foolyshly or vndyscretly will not, and death is at hand with the syk. ¶ richard. seeing the soul is much more precious then the body, under the fear of anatheme we forbeade that no phesition counsel the sick any thing for the bodily health that may torn to the souls jeopardy or danger, but when it shall happen him to be called to the sick before all things, let him effectually monish and induce him to call vpon the phesitions of souls, that after medicine spiritual is provided for the sick, he may the helthsomer procede in curing the body. They that break this constitution shall not escape the penalty ordained in the counsel. ¶ Robert wynchelsen. PResbiteri stipendarii et infra. we ordain that no stypendarye priests shall here the confessions of the paryshens or chapleyns in those chyrches where they haue ministered divine service, except in cases by the law permitted, if they do the contrary, they shall incur the crime of sacrilege, except they do it by lycens asked and obtained of him that is the cheyf ruler ther. ¶ walter. THe pressed ought diligently to note and mark the circunstauncies of the crime, the quality of the person, the kind of the sin, time and place cause and continaunce in the sin the devout mind of the penitent. And these things considered and diligently weighed and discreetly, let him enjoin the penitent the greater or less penance. Also the pressed must choose him a comen place, to here confessions, that he may be commonly seen of all the church. And in pryuye or hid places the pressed shall not receive the confession of any and specially of a woman, except it be for the great necessity or infirmity of the penitent. Also no pressed may receive an others paryshener unto repentance, but by the lycens of his pressed or bishop. Also the pressed must enjoin such penance to the wyffe, that she be not made suspected to her husband of any privy and great crime, the same thing must be observed in the husband. Also for theft, robbery, usury, simony, and couyn or fraud and specially for the witholdynge of tithes or subtraction of any church right, the priests must diligently beware to enjoin penance, but with restitution and satisfaction to be made to them that haue suffered the injury or damage, seeing the sin is not forgiven, except the thing taken away be restored. Also in crimes very great, cruel, & doubtful, the pressed shall ask counsel of the bishop or some in his stede, or of some wise and discrete persons, by whose counsel he may be certified and know, whom and howe he may bind and lose. And lest the penitent should fall( which thing god forbeade) in to desperation, the pressed must diligently monish him to do what so ever good thing he can in the mean time, that god may lighten his hart unto penance. And the same thing must he do to him, which confesseth his sin, and yet will not abstain from it, in which case the gift of absolution can not be given, seeing it is not read that pardon is given, but onely to him that amendeth himself. Also the priests must beware, that they inquire not the sins or names of the persons with whom the penitent hath sinned, but onely the circumstances and the quality of the sin, for it is written, god I haue shewed to the mine own life, and not any others. And therfore the confession must be his own that maketh it, and not an others confession. ¶ The same. We forbeade, that no pressed fallen in to deadly sin presume to come at the altar to celebrate before he be confessed, neither let him think( as some do that err) believing mortal sins to be put away by general confession. Also no pressed may be so bold through wrath, hatred fear nor of death, to disclose in any wise the comfession of any, by sign token beck or word generally or specially And if he be conuycted hereof, he ought justly to be dysgrated without hope of reconsylyng. ¶ The same. seeing oftentimes it happeneth that the rulers of chyrches and also some priests 〈…〉 such as be in holy orders, for that( as the●… think) they be not subjecteth to any as concerning the court of penance, other be no●… confessed at all, other else go to such as hau●… no power to bind or lose them, we therfore enact that through every archedeaconrye one or two priests apt and meet of competent learning, and good estimation be appointed in every deanery to here the confession of such & to enjoin them penance, to whom we will authority to be given by the diocesan, of that place, or one that keepeth his rome, firmly forbeadyng that no religious persons or monke or chanō anchor or heremyte to be so bold as to admit the subject of any other unto penance. ¶ Iohn Peccham. FOr so much as it is profitably enacted & ordained that prelates may not pass in perdons gyuenge the nombre of .xl. dayes, lest the keys of the church, by the which the mystical treasure is committed to be ordered, should bet set at nought, let therfore other what so ever they be take hede, that they through their manifold indulgentyes, which they haue obtained of the prelates, bring no rebuk to the same prelates of the church, by powrynge forth in their preachings indulgentyes above the said dayes, lest they which ought to be subjecteth unto the keys cause them to be light regarded. ¶ The same. THe sacrament of penance, which is the singular remedy for all that suffer shypwracke, through the foolyshnes of certain priests doth lack the due fruit and effect. And they which be thought to be lifted above the waves and floddes be with more jeopardy thrust down in to the deep see of damnation, while they absolve many in dede whom of right they might not causing as the prophet saith, for a little corn and a piece of bread, the souls to live, which in very dede liveth not, as these that absolve in fact, such as be excommunicated of the lawe, and specially by the counsel of Oxford, for the hurting or troubelyng the church liberty, or for like myscheue condemned in the same counsel unto like penalytes, or absolve in fact such as be excommunicated for witholdynge tithes or other church rights, which priests for so much as they be the deceivers of souls & the flatterers of men in their mischievous deeds, putting cussyons under the elbouse of lewd fellows, it is therfore our parte to with stand thē. And therfore we straightly command all confessors of our province of Canterbury that be under us & our fellow byshops that hereafter they put not forth their hand to deceive such by the sign & token of absolution, which we know to be of none effect without due satisfaction & special commys●… ion of the archbishop or bishop seeing they ●… e froward & continue in their wickedness, for we judge such confessors, or rather such ●… yggers of the devils dens, to sin and that very grievously, for it can not be denied but that they consent at the lest way, privily to the same mischief, and do comfort the. wicked persons in their vngratiousnes, wherefore let them take hede that they be not wrapped with such in the bond of excommunication, moreover where as we of late myndynge to put downe-the plurality of benefices by sacrilege usurped, did forbeade under pain of excommunication, that none in fact should extend their hands to absolve such as were obstinate in their theft and sacrilege, notwithstanding certain priests of Baal, rather then of the lord, which is the saviour haue presumed the contrary, sleynge the souls bought with the blood of christ & ouerthrowynge the church doctrine. therefore we countynge verily these as wolfes, going abought to cast down the lords vyneyarde, do again command under the old penalty, that they abstain hereafter from absoluyng such, and that they diligently induce the same to renounce the benefices, which they haue gotten or keep unlawfully. And if they do not know they wolf to be surely streken with the lyghtnyng of the divine malediction. ¶ The same. furthermore although after the mind of the canons grievous sins as incest and like, which( as most commonly used) through their slander do move an hole city, ought to be corrected with solemn penance, nevertheless through the negligent dealing of some persons, such penance seemeth as it were forgotten, and consequently boldness to commit such horrible and mischievous deeds to be increased. wherefore we command that such solemn penance, henceforth be enjoined according to the canonical ordinance, we also reserve the absolution from wilful murder, whether it be open or pryuye to the bishops, onely except the article of necessity, whereby we intend to refrain the audacite of the inferior confessors and in no case to derogate the reverence of the heygher. ¶ The same ALthough it was of late ordained, by holy fathers, that in every deanery one person or vicar of sufficient lyterature, & with grace lightened, and of famed laudable should be assigned to here the confessions of persons, vicars, and other priests and ministers of the church, and to enjoin them penance to the intent that their myhgt be the see of cast work in the entering of the temple, according to the sacramentes of the fyguratyue temple: nevertheless it hath not hitherto been used in the manners of the clergy not without the manifold injuries of god in the ministration of sacramentes, and celebrating of masses, which rather should be called execrations and cursynges. wherefore we renewing the said ordinance from dysuse, command the same from henceforth inviolably to be observed and kept, notwithstanding we intend not by this, but the said priests may go to other comen penitentiaryes if they will, so that they do it for the sacrament of penance. ¶ simon Sudbury. THe confessions of women must be hard without the veal in open place as apperteynyng to the eyes, but not to the ere, let the lay also be admonished to make their confession even in the beginning of Lent. And in all times shortly vpon their fall, lest one sin through his weight & heaviness draw and hale them unto an other. moreover let no pressed presume to enjoin them that be confessed to cause masses to be song or said in parte or full penance, notwithstanding he may counsel them thereunto. ¶ The same. LEt this thing be oftentimes shewed & as it were trodden in to the hartes of the lay people both in confessions and preachings, and specially in great solempnytes, that all commyxtyon and medlyng of male and female, oneles it be excused by matrimony, is deadly and mortal sin. And if the pressed shal be found negligent in denouncynge and declaring of this holsom doctrine, let him be canonycally punished as a fornycatour or a consenter unto fornication in so doing. ¶ The same. three times in the year let confessions be made, and so often let the lay be admonished to take their rights at easter at witsontyde and at Chrystmas, howe be it first they ought to prepare & make wolf redy by some abstinence, which they must keep by the priests counsel. And what so ever he be that shall not at the least ones in the year be confessed unto his own pressed, and at easter at the least receive the sacrament of thankes gyueng, except by the priests counsel he think it better to abstain and forbear, both while he is living, let him be dreuyn from church entering, and when he is ded, let him lack christian buryell. And let this be oftentimes published in the chyrches. ¶ Stephyn. ¶ Of the sentens of excommunication. BI the authority of god the father almighty and of the blessed virgin Mary & of all saints, & by authority of this present counsel, we excommunicate all such as presume maliciously to rob or defraud chyrches, that is to say ecclesiastical persons of their rights & titles, or through malice labour and go about to break or trouble their liberties, we also wrap in the sentence of excommunication all them that presume injuriously to trouble and dysquyete the peace & tranquillyte of our lord the king and of his realm, and that labour and contend to withhold unjustly our lord the kings rights. we also add unto these declaring all them to be knit in like sentence, what so ever they be, that wittingly bear false witness and procure false witness to be born, and also that wittingly bring forth such witnesses or subornate and instruct such in cause of matrimony, as when plea is made against matrimony, or else to the dysinheretyng of any person. Also we excommunycate all them which for cause of lucre hatred or favour, or for any other cause, put vpon any man maliciously any maner crime by means. whereof he is defamed with good men and sad, so that at the least he is put to his purgation, or is otherwise grieved. All maner advocates also we excommunicate which in cause of matrimony, put forth maliciously exceptions or cause and procure them to be put forth, to the intent that true matrimony should not come to due effect and end, or that contrary unto justice the process of the cause should be kept back and hang the longer in iudgement. Furthermore we knit up all them in the sentence of excommunication, which in the vacation of any church, move or put forth malicyously the question or doubt of patronage, or in any wise procure the same to be put forth or moved that so they might defraud the true patron of the collation and gift of that church, at the least wise for that time. we also excommunicate all them, which for love of lucre hate or favour, or otherwise contemn and despise to execute our lord the kings commandment given out against persons excommunicated which despise the keys of the church. ¶ Stephanus. VT archidiaconi et infra. we ordain moreover the profit with the honour of the spiritual orders well considered, that no archdeacon or other officials shall be so bold as to promulgate and publish the sentences of excommunicacions, suspensions or interdictions against any persons where the crime is not manifest oneles he do canonycally admonish him before, if any contrary to the premisses do excommunicate any man, he shall run in to the danger prescribed against such offenders by the convocation and counsel holden at lateran, that is to say, for such suspension or interdiction he shall be punished by the arbitrement of his superiors and this also must be observed of the higher prelates. ¶ Bonifacius. furthermore it happeneth sometime that some excommunycated persons which by the commandment of their prelates( according to the custom of the realm) be taken & committed to prison: sometime by the kings power, sometime by the sheryf or other bailiffs without the consent of the prelates, at whose commandment the delyuere of such captyues ought to be made, ar without any maner of satisfaction at all, delivered & set at liberty, and oftentimes such excommunicated persons be not taken, neither be the kings letters for their attachementes granted, and also sometimes the said king, sheryffes and bailiffs do communicate & company with the said excommunicate and openly denounsed persons despysyng the keys of the church, & all to the subversion of the liberties of the church and the peril of their souls. For this cause we willing to provide a convenient remedy against these diseases do ordain and make that all excommunicate persons that be so taken, and as aforesaid delivered out of prison shalbe to the great detestation both of them that be delivered, and also of the delyuerers openly and solemnly with belle, book, and candle be excommunicated, and for excommunicated and accursed persons be declared and denounsed in such places as the ordynaryes shall think expedient. And the shyryffes and other bailiffs which did deliver them, and make no maner of satisfaction or amendes to the church, for the same shalbe accursed after the due order of the lawe, and when they be accursed shall solemnly be denounsed and declared how be it if they do the said act by the kings commandment they may be the more easily and gentely handled, at the arbitrement of the ordynaryes. But if it fortune the accustumable writ de excommunicato capiendo to be denied at such time as it chanceth to be required in especial where it ought to be awarded by the laudable custom of the realm the same lord and king must be warned by the prelate which signifieth and presenteth the person that should be taken, and for the same writeth unto the king, that it might please him to grant the said writ and cause the same to pass, which if he will not do all the cities, castles, boroughs, and villages, which the said king hath in his diocese that so doth writ shalbe by the bishop so wryttyng enterdyted, until such time as the said writ de excommunicato capiendo and due execution of the same be awarded, and against such as do communicate with excommunicate persons, let processes be made after the censures and laws of the church. ¶ Item contra grauamina et infra. ¶ The same. We ordain that somners, apparitors, or bedelles of archedeacons or deans shall not themselves give or make sentences of excommunications, suspensions, interdictions, neither shall denounce or declare the same given or made by other without they haue especial letters of their masters for the same. And if it be otherwise presumed the sentences so given or made shal be of none effect by the lawe, neither shall be regarded seeing in very truth they can bind no man thereby, and the bedelles which offenden the said statute and be proved onerous or iniuryous to the subiectes of their masters shall haue grievous punishment and be bound to restore to the supplyauntes so vexed double value for their damages. ¶ The same. FOr asmuch as it hath ben oftentimes by false suggestions shewed the king and his Iustyces, that the prelates and spiritual iudges take cognition and knowledge of the title and right, of patronage, of cattle, and of other things appertaining to the kings court and iudgement, to the prejudice of the said king & his laws, when the same prelates and iudges according to their duty done excercyse their office vpon tithes & the offences and trespasses of the subiectes of their jurisdiction, let such delatores and cursed suggesters be warned, that they cease and rest from such suggestion and tale bearing, for if it fortune the prelates and spiritual iudges in such wise blasphmed, to be dampnyfyed and hurted by the secular power through such delation and tale bearing they shal be openly accursed as stryuers against the church liberties, until such time as they haue competently recompensed and satisfied the iudges, & also the parties for their expenses, damages, and injuries, which they haue born by means of such suggestion. ¶ Iohn Peccham. cum malum et infra. we give commandment unto every of the priests of this province, that on every sunday immediately following the celebration and keeping of rural chapters, they expound openly to such as they haue cure of, the sentences of excommunication following. first of all, verily they be accursed by authority of a counsel kept of Oxforth by Stephen tharchebyshop of Canterbury a man of holy memory, which doth maliciously presume to deprive or take from chyrches the right, or through malice or contrary unto iustice do contend to break or dysturbe the liberties of the same, whereby we perceive all them to be tied in the danger and in the bonde of excommunication, who so ever obtaineth letters from any lay court to let or hinder the process of spiritual iudges in all such causes as by the veredicte of holy canons be known to appertain to the iudgement of the spiritual court. Secoundly all such that do trouble, or presume to trouble without a reasonable cause the peace and tranquyllyte of our sovereign lord the king of the realm, and also such as go about and labour unjustly to withhold the kings rights. whereof we perceive not only such to be excommunycated as do suscitate error of war or contention, but also all open and commen thieves, and also all spoilers, & pirates, with all such as do temeraryously impugn the justice of the realm. readily ar excommunicated all they, which wittingly bear false witness, or do procure any man to bear, or which knowyngly bring forth such witnesses to let just matrimony, or to procure thereby the dysheritynge of an other person. Fourthly all advocates be excommunicated, which maliciously by any maner of exceptions, do hyndere true matrimony, whereby it doth not come to good effect, or for any maner of causes by any means do cause contrary to justice the processes of the church longer to hang vndecyded. Fyuethly be excommunicated all such which for gains hatred or favour do lay a defalte to any person maliciously whereby he is defamed with good and discrete men of sadness so that he is driven to his purgation, or is otherwise grieved. Syxtely all they be excommunicated which maliciously move or procure any doubtful question to be moved, concerning the right of patronage in the vacation of any church that by such means they may hinder the very and true patron from the gift of the said church at the least wise for that time. Also seventhly all such be excommyunicated as rancorously doth despise to execute the kings commandment de excommunicatis capiendis, or be in cause and let that such excommunicates be not taken, or {pro}cureth the vnryghtfull deliverance of the same against the ordinance of the church. Also eightly all they be accursed in the counsel of Octobone of good memory, the legate which do receive any thing, or take any brybe or gift for to hinder the peace other for the agreement of such as be at variance in the lawe, vntylle such time they do restore to the giver, what so ever is received, they also be excommunicate by the same Octobone, which take away or wast or wrongfully layeth hand vpon any parte of the houses, manners, or graunges, or any places of archebyshops, or of any other spiritual persons contrary to the will of the said lords or against the will and mind of the keepers of the said goods, by the which sentence they be bound, and can not be absolved, until they haue competently satisfied such wrong. Also by the said counsel all such be accursed that do draw away violently offenders fleeing to the church, or chyrchyard, or cloister, or stop from such persons their necessary food, which otherwise wulde be brought to thē, or by violence carrieth away from such places any other mans goods left in the same place, or causeth such goods to be carried or ratyfyeth and upholdeth such conueynge and carriage made or done in his name by his famylyars or servants, or openly or secretly do assent or give counsel thereto. Also all such be excommunicate by all archebyshops and byshops of england, which cometh or doth against any thing contained in the great charter of the king, which sentence is often conformed and approved by the authority of the apostlyque see. ¶ Iohn Stratford. EDward the excellent and famous king of england receiving from above through the heavenly gift of God fervent mind and desire to haue the peace of the church and realm of england firmly observed, desiring by his letters long time passed, us, and other cobyshoppes of the said realm that comen malefactours & troblers of holy chyrches peace & his as felons & also maynteyners of felons conspirators false swerers in assizes and iuryes, and all such that knowing doth forswear themself before the kings iustyces, the berers of false compleyntes, maynteners, and favourers of the same, by whom the troubelynge of the peace, and the violatyng and breaking of the liberty and right of the church and of the realm within the same realm, is plainly known to be procured might in every diocese be brydeled, and kept down by ecclesiastical punishment, willing to haue them for their grievous excesses in these enormytes to be bound and wrapped in the sentence of the more grievous excommunication, or else openly to be pronounced accursed. whereupon we of a meek mind, greatly provoked by the laudable entysement of the said king, desirous to extermyne the bold arrogance of such myscreauntes, will and pronounce all malefactours before name, which do wittingly hereafter offend in our province of Canterbury, by the authority of this present counsel in so doing, to run in danger of the sentence of the greuouser excommunication. whose absolution, we will be reserved to ordinaries of the places, where the trespass is done, or else( if their places be void & vacant, which shall excercyse there the bishops jurisdiction) of the cathedral chyrches to the sees oneles it be in the article of death, but yet that the mischievous deeds of such transgressors may so much the better be eschewed the more solemnly and openly the same offenders be denounced excommunicated, this prouyncyall counsel approving the same. we give commandment that all and every such malefactor before name in every cathedrall church, college, and parish church of our before name province of Canterbury the first sunday of Lent, and in the feast of corpus Christi, and two other solemn feasts yearly, be openly denounced accursed in genere with the rehearsal of reservation of the aforesaid absolution. ¶ Iohn Peccham. We give in commandment that the sentences of the more excommunication be published in chyrches four times in the year, that is to wit, the first sunday after the feast of saint Mychell, and the sunday in the mids of Lent in the feast of the try nite and in the sunday next after the feast of saint Peter, called ad vyncla the candles lighted, and the belles rung with the cross and other solempnytes, as it is convenient. ¶ Iohn Stratford. QVan{quam} ex soluentibus et infra. we declare by the provision of this counsel syluam sceduam, that is to say coppes wode to be such which of what so ever kind of trees it be, is for a special purpose kept & no ryshed to be cut down, and which also so cut down afterward spring again of the same stumps or roots, and of it so increase the tithes, that is to wit real and pre●… deal to be payed to the baptysyng or mothe●… chyrches. Also the possessors of such wode●… to be compelled by the canon lawe to give tithes of those trees cut down in the same woods, likewise as of haye, and of all maner of corn, and that by the censure of the church. ¶ Here enden the constitutions prouyncyall. ¶ Hereafter follow the constitutions of Otho. IN so much that sanctytude and holynes adourneth the house of god, and to the ministers of the same it is said of god. Be ye holy, for I being your lord god am holy, the enemy therfore of mankind by subtilyte & craft goyth about that he might bring under the feet every where & destroy the amendment of living while he doth both let and trouble that the chyrches in many places may not be consecrate. And also doth vicyate & maketh damnable the manners and life of many ministers that they do not worthily their office, resystyng with all their endeavour the rules and constitutions of holy fathers, and generally all good usages and furtheraunces of Chrystes religion. against this therfore must all Christen people constant in the faith with all their power boldly & strongly resist using always new and fresh strength against such entrepryses of the enemy. In such wise Isaac did first study to renew the pits which the children of Abraham had digged. But they were after by the palestynes filled with earth, & thē by {pro}cesse to dig other new In likewise we Otho by the divine mercy deacon of saint Nychase in carcere Tullyano, cardinal and legate of the apostolyque see sent from the same see to the parties of England in office of legacy strengtlyned with goddes help, and with the suffrage & consent of this present counsel haue thought certain things necessary to be decreed and instituted, for the stablyshyng and reformyng of the state of the church in the english partes. provided that all other canonical institucyons be nevertheless observed and kept, which our desire is to haue kept with reverence according to the power and authority of the office committed unto us, which we haue caused to be set in order, and also to be divided in certain articles here following. ¶ That all chyrches be hallowed with a year. ¶ Rubrica. THe dedication of temples is evidently known to haue beginning of the old testament, and it is observed in the new of holy fathers, in which it is so much more worthy and more studious to be done, for that in the old testament was offered onely the sacrifices of deade beasts, in this new is the heavenly host, lively and true, that is to say, christ the onely begotten son of god offered in the alter for us by the hands of the pressed, for which cause the holy fathers haue statute & ordained very discreetly that in non other place, but in such as be depreciate to god ( oneles it be by constraynte of necessity) so high an office may be celebrate & done, and because we haue seen by ourselves, and also haue hard of many so wholesome mynystery to be despised or at the least to be neglected of many, while we haue found many chyrches and some of them cathedrall, which all be it they be of old time byelded, yet be they not consecrated with the oil of sanctilycation, we willing to remedy this perilous negligence, do ordain and by the same ordinance we give in commandment, that all cathedrall, conuentuall, & parish chyrches, which be constructe with perfect & hole walls shall be consecrated within two yeres by the bishops of the diocese, to whom it belongeth or under their authority by other, & so within like time it shalbe done in the chyrches, which shall hereafter be byelded, least so wholesome a statute should come into contempt, if such places be not within the space of two yeres( after that they be perfected) depreciate. we ordain and will that they shall remain & abide interdycted from the solempnytes of mass until their consecration, unless they be excused with some reasonable cause. moreover let no abbots or personnes of chyrches pluck down old hallowed chyrches, under pretence of making another more large or fairer fashion, without the licence and consent of the bishop of the diocese, which thing by this present statute, we do straightly inhybyte, yea the dyocesane must diligently consider whether it be necessary to give licence or to deny. And if he do give licence, let him take hede, and intend that the work may with all speed be finished, which thing we ordain and will to be extended unto such as ar at this time begun and in hand. As for little chapels we haue not thought necessary to ordain any otherwise then hath ben before remyttyng as touching their consecrations, when and howe they ought to be done to the canonycal diffinitions. ¶ That nothing shalbe required for the sacramentes of the church, and that an order in confession must be observed. ¶ Rubrica. THe sacramentes of the church in which as in heavenly vessels the remedies of health be contained. Also the sanctified oil and the chrism, we statute and by virtue of the same, we command to be ministered & given by the ministers of the church purely and devoutly without any spot of covetousness, no dyffycultye or styckynge made in that behalf, under pretence of any old custom, by which it may be said, that they which do receive the said sacramentes ought to pay somewhat for the same. Also for the simple persons we haue thought need to express, which be the principal sacramentes, & how many they be name in such wise, baptism, confirmation, penance, the sacrament of the alter, the extreme unction, matrimony, and order. Of each of whom in the holy canons it is more largely spoken, and more copiously ordained. And because it is onerous to carry every where the volumes of all rules & is great shane to a physician not to know the helynge office, we enact that in taking the cure of souls and the order of presthed such as shal be ordained must be examined of these things in especial. The archedeacons also in every seen assembled within their deanryes, shall most diligently endeavour them to instruct the priests in thes things, teaching them in what wise they ought to behave themselves as concerning baptism, penance, and matrimony. ¶ Of baptism and the form of baptysyng. Two special dayes in the year ar deputed or assigned to baptism solemnly to be celebrate, & that for a mystery, that is to wit, the saturday before the Resurrection of our lord & the saturday before whytson son day. All be it some in these {per}tyes( as we haue hard) deceived by a deuyllyshe subtylety supposen great peril, if children in the foresaid dayes be baptized, which thing either to think, or else to fear is utterly against the true and steadfast faith, and is manifestly conuycted to be false, when the high bishop personally doth solempnyse the same mystery, and in the( before remembered) dayes doth solemnly mynystre baptism, and the same order doth the church keep in other partes of the world. wherefore we command that the people be averted from so great an error by frequent and often preaching. And that they be induced more diligently to baptize their children, and to solempnyse baptism in the aforesaid day. we ordain moreover that the parish priests learning & perfectly knowing the order and form of baptism shall declare the same in the vulgar tongue oftentimes on the sundays to the parishons that if the case of necessity chance to appear in the which it shal be needful for them to baptize they may know & observe the same, which thing whether it be observed or not, let it be inquyred hereafter diligently. ¶ That nothing shal be required or received for penance enjoined. ¶ Rubrica. We haue hard say( which is horrible to be hard and spoken) that some miserable & wretched priests at such time as they in the bonefyce of a vycarege( which perchance they haue to ferme or for some other cause of advantage or lucre) do receive the proventes rising and coming of the alter, or of penance will none other admit or receive them that confess unto penance, unless there be some what of money put before hand in the bosom of their covetousness and likewise they do of other sacramentes. For asmuch therfore as they that do such things be unworthy both of the kingdom of god, & also of benefice of the church, by virtue of decree, we give straightly in commandment that most exact and diligent inquisition made by the byshoppes for such matters, who so ever shal be found to haue done any such offence, let him be utterly removed from his benefice, which he obtaineth and for ever more be suspended from the office, which he hath far abused. ¶ Of the confession of prelates. ¶ Rubrica. THat we haue found in a certain counsel enacted, we approuyng the same, do determine that in every deanery there shall wise men and faithful confessors be ordained and appoynted by the bishop, to whom persons and the inferior clerkes may be confessed, which peradventure wylbe affrayed and shamefast to make their comfession to the deans. In the cathedrall chyrches, we command general confessors to be ordained. ¶ That unworthy be not promoted. HOly order is so much more worthy to be given to one that is worthy, for so much as other sacramentes ar conferred and given of that person, which receiveth holy order. therefore when it is great jeopardy unworthy {per}sons as ydeotes vnlaufully begotē irregular, unlearned, or strangers, or any without certain title and true to take vpon them this order. we ordain that diligent endeavour and search be had and made by the bishop of all such things before the giving of ordres. And least that they which be not to be reproved might mengle themself with the reproved, and they which be reproved might privily in time of examination mingle wolf with thē that be allowed or admitted let the nombre & names of such as be approved be written, and such as be written let them afterwards be openly published by reading the same wryttyng in the very entre in to ordres, according to the discretion custumably used in that behalf, and the said writing must be safe kept with the bishop, or else in the cathedrall church. ¶ That dignities be not let to ferme. THe letting of chyrches to ferme, or making of farmers generally in the same, we will in no wise to be upholden and born by our authority. And yet through the weakness of the multitude, which weakness causeth that we should seem rather to lay traps and gyles, then to finde out and prepare remedies. we fear and dare not send forth our commandments for the prohybityng and forbeadyng of the same, how be it we be driven, and compelled of our office to withstond and provide against certain diseases, which rise and spring of such lettynges, & be brought unto our true knowledge. For it many times happeneth that while they that be name farmers covet to get more then they pay, shameful exactions be made, which sometime also fall in to the vice of simony, wherefore by virtue of statute, we straightly in hybyte and forbeade dignities or offices, as deaneryes, archedeaconryes, or proventes, growing or rising of the exercysynge of any maner ecclesiastical or spiritual jurisdiction, or of the alter, or of penance, or of any other sacramentes to be in any wise hereafter set out or to ferme letten. ¶ That chyrches may not be set out to ferme above .v. yeres. seeing that it is all to gether unhonest & in no wise convenient to let chyrches to ferme unto the lay, and if they be set out to any maner of clerkes for a long season, the same thing may also grow to the loss and damage of chyrches by means of the long continuance of time, which is wont to bring peril and danger. we therfore straightly forbeadyng either both of these do will and command that no chyrches hereafter be letten unto the lay for any time at all, or unto any maner ecclesiastical {per}sones above v. yeres, and those yeres finished and passed, we forbid them to be renewed unto the same persons unless some other haue first had immediately the said chyrches. And that al things may be in safeguard and out of doubt, we command that such covenant and lease be made either the byshoppes, or else the archedeacons being present, whereof let there three letters containing one thing be written of the which one may remain with the said byshops or archedeacons. ¶ That no church be set to ferme unto any person for ever. We haue hard say in some places, when a fat benefice hath chance to fall vacant, which some wolde fain haue, and yet durst not receive it that the person least he should be deprived of other benefices by the law, which he obtained hath craftily procured the same church to be set to ferme unto him for ever, so that he payed some little thing to an other in the name of the parsonage, and kept all the rest to himself who giving cause unto this prohibition. we statute and decree, that no church, or prebend, or any other ecclesiastical revenues shal in all or in parte be given to ferme unto any person under any maner colour for ever, or for lives, decreynge if ought be attempted, contrary hereunto, the same to be utterly void & empty of all strength and power. ¶ Of the institucyon of vicars. unto a vycarege, we enact and statute that none hereafter shal be admitted unless he haue all redy received the ordres of priesthood, or at the least be deacon, and wylbe pressed, according to the maner at the next ●yme of ordres, which renounsyng other benefices ( if he haue any having the cure of souls) may swear to make residence vpon the same, and also do make corporal residence continually, otherwise we decree his institution to be void and none, and the vycarege to be given to another, and so let that deceit couyne and guile be deceived, by the which guile couyne and deceit it hath ben brought to pass that oftentimes a title small thing hath ben assigned unto one in the name of a person, and the church hath ben feignedly given to an other feigning the name of a vycarege, which fearing to lose other benefices durst not receive the same, as a person. But as concerning vycars now already instituted, and be not priests, for so much as vicars be bound to serve the chyrches in their own persons, we by this decree command, that they within a year at the least cause themselves to be made priests, or else if it lie in them that they be not( as we haue said) within a year in the order of priesthood, we decree that they from that time shalbe deprived of the same vicareges. And as concerning the residence of them, which be now instituted, we ordain and statute even the same, which we haue above said to be statuted of them that shalbe instituted hereafter. ¶ That the church of him that is absent be not given to any person. EVery lover of justice must with wise and discrete study and enforcement labour to delude, and to none effect bring, the crafts and wiles of the wicked sort, least if the industry and carefulness of the rightwise, wax, slacken, and cold, symplycyte and plains should through craft be supplanted and truth give place to falsete, verily by the report of many, we haue hard, that certain priests casting their eyes unto the benefice of one, that is absent, fain and ymagyne new rumores, affirming that they haue hard say that the possessors of the benefyce, is deade or hath resigned the benefice & so procure wolf to be intruded into the same, by what so ever means they might and if happily he that was deade, revive and come again alive unto his church, answer is made unto him I know thee not, and the door is shut against him. And some there be which blinded with ouermyche covetousness, fear not onewhyt slily and rejoicingly, wheresoever they may either to break either to invade the benefices, not onely of them that be absent, but also even of them that be present, and when they be ones in: their profiteth, neither sentence, nor any thing else, by the which they may be sent or cast out, but they defend wolf, by the power of weapons and with strong hand. For both of these things prouydyng such remedy as we may we straightly forbid and enact, that in the absence of any person his benefice, shall in no wise be given under the pretence of any opinion or famed, that is made or had of his death or resygnation. But let the prelate all hast laid apart tarry, until he be fuller and better instructed of either of thē, for if he do not, we enact and decree, that he shall be bound to make good all the hurts & damages, which the absent hath by means therof suffered, & also that he which procureth hemselfe to be intruded besides the restitution of damages shal be forth with in the dede doing suspended from office and benefice, which thing also we coil to be extended unto him that presumeth of his own authority or rashness violently or rejoicingly to invade and occupy ecclesiastical benefice whiles another is in possession, and after it shalbe declared to appertain unto him enforse to defend himself by strong hand in the same. ¶ That no one church hereafter be divided into many personages or vycareges. FOr asmyche as( by the wytnessynge of saint Gregory) the rule and governance of souls is the craft of crafts, therefore ceaseth not the old sophyster to wrap and turn the rolls of his fraud, & to study and labour the crafts and conueyaunces of false positions, whereby he might be able to conclude and overcome the disciple of this craft, and to exclude them clean from health whom so ever he shall find unlearned or vnwares & vnprouyded, this it is that maketh them to transgress the commandments of god, and to go contrary to the rules of holy fathers, whiles neither the word of god, neither the holy and canonical laws and decrees can bring synners from their crooked and evil favoured way. For our catholyque craft requireth that there be in one church onely one master or ruler, perfect in order and habit of holy life of knowledge & doctrine, and that the ordination of the church be pure plain and simple. But the devil casteth in a bone which causeth many to depart from the right way, as concerning this teaching and doctrine, whiles sometime by his instigation a church is not given to one alone, but to many by means of many portions, so that in one body be many heads as it were a monster, and sometime the person hath used to consent( what so ever was the occasion) that somewhat should be given and granted of the same church to an other under the name of a person. moreover the church standeth often times desolate without a master, whiles neither person neither vicar( at the least wise perpetual) is found therein, but {per}chaunce some simple pressed, which hath no right, nor yet any image or shadow of right in the same. And if peradventure the person make his abode there, yet for all that is he no perfect in order, for he is no pressed, neither in habit, for when a man with him he wulde not think him to be a pressed, but rather a soldyour. As for holy and pure life, knowledge and doctrine he hath( alas) to to little care. The ordynation also of the church is seldom made of a simple iye, as it ought to be for neither in this lacketh the engynes of deuyllyshe fraud, and couyne, for sometime( as we haue hard) a church is given to one under this covenant and bargain made closely or expressly that he which instituteth or presenteth, shall retain and withhold some what to himself, or an other shall receive some portion of the same church, which peradventure should haue had the hole had not the weakness of his right and title, or else the fear of losing other benefices caused him to divide it. An other also some where giveth up his parsonage that he may afterward receive of him that is there instituted the vycarege of the same, which thing is not presumed to be done without fraud. These dyuisyons therfore and partycler assygnations, we do reprove as enemies contrary unto our catholyque craft, and that they be not hereafter made or done, we straightly forbeade firmly decreynge and enactynge, that no one church shall ever henceforth be divided into many personages and vycarages, and such as be to this day divided shall be vnyted, and made one again, as shortly as it may be done by any occasion or faculty, except peradventure they were so ordained and made of old, wherein the bishop of the place must provide and see that as well the profettes and rents of the church, as the parish may be divided for the more commodyte by convenient portions & regions. The dyocesanes must also provide, that some all way be resident at the church, which may be careful and busied in the curing of souls, and may excercyse himself profitably & honestly in keeping divine service and mynystryng of sacramentes. As concerning the residence, which the persons ought to keep in the chyrches, the dyocesanes ought to provide, and see( as it seemeth us) thereunto rather in dede then with making statutes or decrees for their be counsels of the pope of Rome, which speak therein more clearly then the light, wherefore there is more need to haue the said statutes executed, then to haue new decrees made. The same thing also we say and think of them, which presume without special dispensation of the see apostolyque to retain, & that to the destruction and losses of their souls health many dygnytes, personages, or benefices, having the cure of souls, contrary to the statute of the counsel general. ¶ Of the habit of clerkes and of their ornaments. FO asmuch as the lay people be sore & gr uously offended with the habit and apparel of clerks, which seemeth meter for courtiers and men of war then for clerkes, we firmly enactynge do command the said clerkes to be compelled by the bishops through the subtraction and plucking away of their benefices, unto the form & fashion made and prescribed in the general counsel, concerning as well the garments and habit of clerkes as the ornaments of their horses, so that they haue their garments in seamyng & comely measure, and they which be in holy orders, use close capes, or gowns, specially in the church, & in the presence of the prelates, and in assemblies of clerkes & every where in ther parishes such as haue received the gouuernaunce of chyrches with the cure of souls. And that the byshops may the better drive other unto the honesty and comeliness of apparel unto tonsure & crownes beseamyng unto convenient ornaments for horses, let them well look unto it, that they cause the same thing first to be observed & done of their own household clerkes having them in long gowns down to the heles, and seeing that they use in their brydelles and sadelles clerkly habit and apparel according to honesty. ¶ Of them that haue wives to be removed from benefices. IT is comen unto our knowledge by the opening of very many credyble persons that many myndynge not at all their own souls health contract matrimony rejoicingly & fear not to keep and retain chyrches to gether with wives to get of new ecclesyastical benefices and to be promoted unto holy orders contrary to the statutes of the holy canons, then in process of time, after ther is between them fruit of such copulation, when it seemeth expedient and meet to the parentes being either alive or deade, proof is made by witnesses or instruments that there was matrimony contracted betwixt them. But for as much as clerkes intending and giving wolf to matrimony, or else to the company of women ar, wont to procure the perdityon and loss of souls to neglect their wealth and salvation and to consume waste and scater the church substance. ●o the intent that the health of souls and the church profit & commodity might be seen and looked unto, we thought to meet with this dysseasse and evil, which is reported and said to be far gone, in this wise, if it may be perceived and found that any haue so contracted, that they be removed utterly from chyrches and church benefices, from the which we decree as well them as all other clerkes wyued to be deprived by the lawe. And if after such contract of matrimony there haue ben any goods of theyres gotten, by what so ever means either by wolf, or else by persons subjecteth unto them in no wise shall these goods be applied to the children or such wives, but forthwith shal be delivered unto the chyrches, which they kept, or within the which they had their benefices. And also the same children may in nowise be admitted unto chyrches, and ecclesiastical benetyces and church orders, nomore then they that be irregular, unless for their good merits they be canonycally dispensed with by the pope of Rome. ¶ Of the remouynge of clerkes concubines. ALthough the gouuernours of the church haue always laboured and entorted to drive and chase away from the houses of the church that rotton contagiousnes of pleasant fyithynes, with the which the sight and beauty of the church is grievously spotted and defiled, and yet could never hy●terto bring it to pass seing it is of so great & lewd voidnes that it thrusteth in vnshamefastly without ceassynge. we therfore not myndynge to pass by and over go with wynkyng ties so great and infamy & slander of the church uncorrected, but rather willing to put in execution the statutes of the byshops of Rome, and specially the decree of pope Alexander made for the same, do establish and by virtue of statute do command that clerkes and chiefly such as be in holy orders which keep in their own houses, or others openly concubines shall utterly remove the same from thē, within a month, & in nowise henceforth shal keep either the same or other. Contrary whereunto it they presume to do, we ordain, that they be suspended both from office and also benefice. So that until they shal haue made worthy and condign satisfaction, they entremedle not themself in any wise with ecclesiastical benefice. And if they do, we decree them to be deprived by the very law from the same benefice. we will also and straightly command, that archebyshops and byshops cause diligently search to be made through out all their deanryes for the same, and see that to be observed, which we haue enacted and decreed. ¶ That in a church the son succeed not the father. ALthough holy fathers haue so greatly detested and abhorred to haue ecclesyastycal benefices possessed by right or tyttle of inheritance, that even such as be well and lawfully born be forbidden to succeed their fathers in the same, notwithstanding some which be brought forth of wicked and unlawful coniunction, treadyng under their unshamefast feet the authority both of the law, and also of honesty, make no styckynge nor fear at all to break yea into these benefices, which their fathers had and kept last before no mean person going between, and with bold and rasshe presumption to hold the same so obtained and come by, which thing we attending and well perceiving for as much as we be come unto these parties to succour and help the state of the church honesty, do forbeade, enact statute and firmly command, that the prelates of chyrches shall not hereafter presume ymmedyatly to institute or admit under any maner of colour fraud couyne or deceit any such unto the hole or parte of such benefices, which their fathers haue kept by any maner of title temporal or perpetual, and those which at this time haue gotten such benefices vnlaufully, we decree by this present statute thē all to be deprived of the same. ¶ Of the receivers of thieves. against the mischievous deeds of thieves, whereof the country of England hath great plenty and abundance, which thing as we here say should in no wise be unless greater did defend or keep them, we thought good in this maner to stablish and decree, that no man should hide defend or keep in his houses or villages those whom he knew, or was open and manifest to excercyse theft or robbery. And those, which shall do contrary hereunto, if they thrice admonished by some ordinary judge of the church do not cast them of from them, we put under the yoke of the chyrches excommunication, as concerning the monition, we will and decree a general to be sufficient yea though it be made without the expressing of any name. So that it be done openly and solemnly that it may come unto their knowledge. ¶ That monks abstain from the eating of flesh. We hard and were very glad, that religious persons the abbots of saint Benedictes order of all places through out England metyng to gether of late in their general chapytre haue well and discreetly statuted and enacted, even like the sons of obedience, which return back again unto their bounds and limits, accordnng to the words of the prophet, that henceforth they shalbe bound to abstain and forbear the catyng of flesh, according to saint Benettes rule, the weak and syk onely excepted, which ought to be provided for, after the contents of the same rule in the firmary, which thing we likewise approving, do establish inviolably to be observed. we also add unto the same that nouicyes which after the year of probation be ended, shall bear the habit of a monk be compelled forth with through the abbot by canonical constraynte to make prfession, according to the decretal of honorious a pope of blessed memory. For none may by any means be admitted abbot or prior, which hath not made his profession And these things which be spoken of profession to be made the year of probation ended. we thought to be prorogued and extended unto chanons regular & nunnes. As for other things which we shall know to appertain to the correction or reformation, aswell of them as of other regulars, we intend hereafter to provide & those things, which shal be profitable for their chyrches and for them self wholesome & expedient, we shall by goddes leave statute and decree, and so statuted and decreed, shall command the same to be solemnly published in their chapytres, other wise to be firmly observed of their chapytres. ¶ Of archedeacons. concerning archedeacons also, we statute and enact, that they visit the churches profitably and faithfully searching and inquyrynge for the hallowed vessels, vestementes, and ornaments, and how the church is served with divine service both by night and day, and generally for all temporaltyes and spiritualtyes, and what so ever they shal finde to be amended, let them diligently amend. But the chyrches let them not lad nor grieve with superfluous expenses, but 〈◇〉 them require when they visit onely mo●erate procurations, not bringing with them strangers or gestes, but behauyng wolf modestly, as well in their family or waytyng servants, as in their horses. And when they visit, or correct, or punish defaltes and offences, let them not presume to receive ought of any man, nor wrap any unjustly with sentences, until they may by extortion get money of them, for seeing these things & such other savour & taste of the vice of simony, we decree & ordain that they which shall presume to do such things, shalbe compelled to give the double of that, which they haue so by extortion received, to be distrybuted in godly uses at the bishops arbitrement the other canonical punishment made against them nevertheless standing. Let them moreover busily endeavour themselves to be often present in the chapytres, kept in every deanecy in which let them instruct the priests amongs other things to live well, and that they may know and well understand the words of the mass canon and of baptism such as be of the substance of the sacrament. ¶ Of the reformation of peace & concord. furthermore we thought it good straightly to inhybyte, that the prelates of churches and specially archedeacons, deacons, or their officials, or what so ever other be delegated or deputed, by reason of ecclesiastical jurisdiction or spiritual office unto the cognition or iudgement of all maner causes, or of certain matters concerning the spiritual court shall in no wise presume to stop or let, but that peace or concord may be made between the parties vpon their variaunces dyscordes and compleyntes, and that when so ever the parties will wolf they may depart by composition from iudgement, so that the matter be such as the law will suffer by transaction or composition to be ended nor for this shall there any thing be required of the same parties. ¶ Of the office of archebyshopes and bishops. What it is that appertaineth unto the wurshypfull fathers archebyshops and byshoppes, and is required of them to do by their office, even the name of their dignity,( which is bishop that is to say an ouers●●● or intender) doth evidently declare and express for they must intend and watch vpon their flock according to the word of the gospel, keep ye the vygilyes or watches of the night. Therfore seeing they ought to be the form and moolde of the flock, unto the which the subiectes ought to fashion wolf, which thing can not be done, except they exhybyte and show wolf an example unto all men, we exhort them in the lord and admonish them that they make, due and convenient abode at their cathedrall chyrches celebrating masses there at the least in the chief solempnytes and in the sundays in Lent and in advent. Let them further forth go round about their diocese at times convenient and meet, correcting, reformyng, and consecratyng chyrches and showing the word of life in the lords fold. For the better execution of which things let him cause the profession, which they made in their consecration to be read unto them at the least wise twice a year, as in the advent of the lord and in the greater lent season. ¶ That causes of matrimony be not committed to unlearned iudges. FOr asmuch as in the defynyng of causes and matters there is not onely required authority or power, but also most chiefly discretion and science, therfore ought all they that create iudges take good hede, and beware that no such judge or examyner be deputed through whose symplicyte, ignorance, or rudeness there might be given either a vain, or unprofitable sentence, or else unjust or else that the evil doer might be delivered or the harmless condemned, whereupon we entented to enact and statute that causes of matrimony, which amongs other causes ought to be handled & dyscussed with great deliberation leisure and diligence, shal be committed unto wise men faithful and trustye which haue knowledge of the lawe, or at the least competent excercyse of causes, & if any deans, archedeacons, or abbots haue auctorit● by pryuylege or custom approved to know causes of matrimony, let them procure and see them diligently ordered, so that neither they nor their delegates or commyssaryes proceed unto dyffynytyue sentence, but onely with diligent deliberation taken and had before of the merits of the caufe with the bishop of the dyocesse and his counsel required and obtained unto which thing notwithstanding we will not persons exempted to be bound or they that be munyted and defended with special pryuylege. ¶ Of the oath of cauyllation or quarellyng. TO the intent that trouth may the better appear, and also causes the sooner be determined, we enact and decree, that henceforth within the realm of england in spiritual causes, and also in cyuyle the oath of cauyllation or quarellynge, and moreover in spiritual causes the oath of saying and speaking the truth shalbe given according to the canonical and lawful sanctions and decrees, the custom which hath obtained the contrary, notwithstanding adding profitably and knyttynge unto this statute that iudycyall truces shalbe given at the iudges arbitrement, according to the canonical and lawful sanctions. ¶ Of the office of proctors. Where the use of {pro}ctours was brought in for the help and furtherance of justice, that if any presone could not intend his cause himself he might be relieved & spared, by an other the wylynes and craft of the old enemy turneth the same oftentimes into abuse, for it is taken here( as it is said) for a custom that he which is cited against a certain day may constitute and make a proctor onely for that day without letters or by letters not sealed with authentic seal whereby it is caused that when such a procurator will prove his commandment or make faith and believe to be given to his letter by witnesses or other impediment come in place ther is nothing at all done that day nor yet the day following by reason that the proctors office is expired, and so perysheth the instance( otherwise justice) for that day, without any profit, we therfore intending to put forth a buckler of cautel and provision against this guile and deceit, do enact and decree, that hereafter in ecclesyastical causes of the realm of England, a special procurator shalbe made and ordained simply, that is to say without condition or addition of day, or else if he be constituted for a day, we will haue him to be constituted not for one day onely, but for many dayes to be continued, if need shal be and so do we understand him to be constytuted and ordained. Let his commandment also be proved by autentyk scripture, except he shalbe constituted & made apud acta, that is to say in the acts, when the constitutor can not lightly finde an authentic seal. ¶ Of the executing of cytations. THey that go to law to gether, persecute one an other with such wylynes and crafty enforsementes, that the one in supplantynge the other, the order of justice utterly trodden down under foot,, doth what so ever he may. And to be short, we haue hard of many, that such as obtain cytations, sand the same unto the place where he is said to dwell that is cited by three knawes or light fellows, of which three, two lay the said lettres vpon the alter of the church of that place, or in some other place there, & straight way cometh the thyrde and taketh them away, and by this means when two afterward testify, that they haue cited him according to the maner and custom of the region he is excommunicated or suspended as contumax or dysobedyent, which had no point of disobedience at all in him, for why he knew nothing of the citation. Therfore we {pro}secutyng with the zeal of justice this abuse so detestable and other like, do enact and statute, that cytacions from henceforth obtained in spiritual causes of the realm of england shall not be sent by them which obtained them or by their messengers, but let the judge send them by his own faithful messenger at the moderate costs of him that obtained them, which may diligently seek him that must be called. whom if he can not finde, let him cause the letters openly to be read and declared vpon the sunday, or some other solemn day at mass time in the church of that place where he used to dwell, or at the least let the citation be directed unto the dean in whose deanery he that is to be called, maketh his abode who may faithfully at the iudges commandment execute the same, either by himself, or by his certain & faithful messengers, and what is done therein let him not omit to certify the same judge by wryttyng. ¶ what letters ar called salse and the pain of them that presume to use them. THe more necessary that the use of wryttynges which be scaled with authentic scale is in the parties of England where be not comen and public notaryes, so much the more diligently ought it to be avoyded and provided for, that they be not brought & drawn through the violence and crafty working of some persons into an abuse. For as we here say ther be lettres made & signed not onely of the inferior clerkes, but also of the prelates themselue in which letters faith is made that such one hath made a contract, or was present at that contract or business, or that he was called into iudgement, or that letters cytatory were presented unto him, which yet was never present or found yea, but perchance was abiding in another province or diocese, notwithstanding seeing such writings contain the defaite of falsyte. we manytestly forbeadyng such things or like hereafter to be done, by sober delybation do straightly ordain and make, that who so ever shal be conuycted herein and who so ever shal presume & go forth witting to use such letters specially in the prejudice of another shal be punished with the pain due unto falsaryes, and unto such as use false instruments. ¶ Of authentic seals and of their custody. FOr as much as the use of notaryes is not had in the realm of England, wherefore it is the more necessary to haue recourse unto autentyk seals, & that the coming unto them may be the easier. we statute that not onely archebyshopes and bishops, but also their officials haue each of them his seal, likewise abbots, priors and deans archedeacons, and other officials, & deans rural, and also the chapters of cathedrall chyrches, and other colleges and conventes, what so ever they be, either to gether with their gouuernours and rulers or else by themself, after their custom or statute. according to the diversity of the aforesaid, let every one haue a seal and the name of the dignity office or college, and also their proper name, which do enjoy the honour of the dignity or office perpetual, graven with known and manifest charectes or letters. And so let it be taken for an authentic seal. In conclusion let their seal which receive temporal office, as deans rural and officials haue onely the name of the office graven and when their office is ended, let them resign and deliver the same again forthwith and without tarrying unto him of whom they had the office. But verily for the custody of seals, we command diligent care to be had, that is that every one keep it himself, or commit it to the custody of one alone, in whom he hath trust who shall also swear that he shall keep it trustylye and faithfully, and not to grant it unto any other for to seal ought with, nor yet shall he himself seal any thing therwith that may rise or come to the prejudice of an other, except that his lord first see it and read it diligently, and so command it to be sealed, but in grauntynge and giving out of the seal, let it be seen that faithful and prudent means be used, faithful, that it may be given without diffycultye unto them that need, prudent, that it may be utterly denied them that be false and crafty. In the beginning also or end of every authentic writing. we statute and will that a sufficient date of the day time and place be put and added. ¶ Of the oath of advocates and custody of the original acts and of the cautyon to be given of him that is sent into possession. We haue hard the noise and cry of justice grievously complaining that the advocates do much hinder and let her through cauyllations and wiles, and slay and murder her through the ignorance of an unlearned judge, and oftentimes delude and mock her through the contumacy of the party, for it happeneth sometime that he which is sent into possession to save & keep the thing, contendeth to withhold & retain it although the contrary parte come within a year and be redy to satysfy the lawe in all things. And sometime he that was sent to get the possession howe much so ever he was made and ordained the true possessor yet can he not get or obtain the possession, neither within a year nor after, his adversary resystyng him with violence and stronghand, wherefore we rising up into the help of justice by the approbation of this holy counsel we statute and enact, that who so ever wylbe promoted generally unto the office of an advocate shall give an oath unto the dyocesane of whose jurisdiction he is either by birth or habitation that he shall faithfully help and further the causes which ar committed unto him not intending to take away or to dyfferre the justice of the other party, but to defend and help his clyentes cause with laws and reasons. In causes also of matrimony or ecclesiastical causes let him not be admitted, except he will give a like oath singularly in the same, neither yet in other causes before ecclesiastical judge he shall in any wise be admitted without like oath, unless he intend perchance to plead for his own church his lord or known friend or poor stranger and some miserable person, let all advocates also beware, & take hede that they do not subornat witness, by themself or by other, or enstructe the parties to depose any false thing or to suppress the truth, who so ever do the contrary, let them grind suspended from office and benefice in the dede doing, until they haue made competent satisfaction for the same, & nevertheless let them be otherwise duly punished, if they be conuycted therof. The iudges also being ignorant of the lawe, if any doubt happen to arise, whereby great prejudice may be engendered to either of the parties, let thē call the counsel of some wise men at the parties costs & charges, we also ordain and statute that as much as may be they observe the constitution of the general coumsel aswell in ornary judgements, as extraordynary keeping faithfully & diligently with them the original & authentic acts, or causing them to be kept by their writers & scribes, & let thē from thēse make copies to be exhybyted to the parties as they ought to be unto which {per}ties aft{er} all things be written, we statute & by virtue of statute command the same to be published that if there be any thing done amiss in the writing it may be corrected, so that the trouth of those things that were done may clearly appear. Furthermore let the iudges provide that when they decree any to be sent into possession for the contumacy of the party adversary they receive of him that shalbe sent a convenient caution or pledge, that he shall restore at the chyrches commandment the possession of the fruits, if he receive any therof his lawful expenses deducted, in case his adversary come within a year. And who so ever presume to withhold & keep violently the possession, into which for his contumacy another was sent, & after a year is made also the true possessioner of the same we decree that he shalbe deprived of his right if he had any right therein The constitutions of Othobone. OThobone by the mercy of god cardinal of saint Adryane, and legate of the see apostolic, for the perpetual remembrance therof. The commandments of god and lawe of the most heygh, were given of old time, that the creature, which had broken the yoke, & was departed from the peace of god might continue and abide under the observation of the lawe and commandments as under hope given of a candle & of light hoping & looking in the promysses( as in a shadow place) which the forefathers had given to them for the coming of the heygh bishop & king of peace, which should be the mean to reconcile & to restore all things again. And this is the dignity of the adoptyue children of the spouse & the glory of the sones of the holy mother the church, to here of her the precepts of life, keeping their hart in them, holding down and yokyng by the iudgemnt of reason the noyful appetite in the beauty of peace in the clernes of shamefastness & governance of modesty. For the good & commodious execution of which thing there ar comforth like unto broad and plenteous rivers the decrees of holy fathers opened from god above by their mouths unto the world, comprehendyng & containing the rules of justice and dygnytes of equyte and ryghtwysnes, and not only that, but also the holy constytucyons as well of the heyghest byshops as of the legates of the same apostolic see & of other prelates of the holy church which is spread over all the world, be sprung forth as though they were little rivers out of broad and large floods, according as the necessity of times which ar diverse and variable hath required, that where as the fragility and brokelnes of man was loaded and grieved with new dysseases, new remedies might semeable ensue. But that vnbrydeled desire which took root in the first parentes of mankind, hath so scattered and sown her poison vpon the posterity, and being blind doth so run through all unlawful motions from one to an other that she breaketh down clean the bounds of virtue and of discretion, and with onshamefast face shyppeth out unto other mennes pastures & there leyeth her down like a drunken beast, by means, whereof nor the auidyte or gredye desire of a corrupt mind can abstain from the things which be forbeaden, nor enjoy the things which ar permitted, nor give virtuous consent unto the thynhes which be good. verily if when we here the old decay & banyshementes of godly life, which this pestilence hath wrought in man kind, do judge them worthy to be sorrowed, howe much more bitterly ought we to estyme this wound of our time to be lamented, which presenteth itself not onely unto the ears, but also unto the eyes yea and the hands, for so much as the evil dayes of this time the further of they be from the first with so much the harder neck and greater obstynacye doth they descend through damnable contempt in to the depper evils and mischiefs, while the straight way of the lawe is forsaken, and the crooked path is occupied trouth giveth place unto power, favour, and maystershyp expelleth justice. And while all men search and call for those things, which seam unto themself their own, they hide not only in the clouds of negligence, but also in the dark lurkyng places of ignorance and scornefulnes, those things which be chrystes, which provide and see unto the health and profecte of souls, which the honour and beauty of the church doth require. Therfore we being sand out of the lap of our holy mother the church, as well unto the noble and famous realm of england, which of late dayes fell from the heygh top of his glory in to the quenching and extinction of both powers as unto the partes of Scotland, Ireland, and wales, and having the office of full legation committed unto us in the same partes to plant and to pluck up to pluck down, and to build and set up by which office we haue received sollycyte and carefulness of the hand of the most holy father lord Clement heygh bishop of the same holy vnyuersal church that we may fulfil, according to the apostles doctrine our office and duty not after the affection or desire of our own mind, but as the good effect of our due obedience doth require, for as much as we haue found that the ordinances of the holy canons( whom the laws of secular princes doth also follow) and likewise that the constitutyons of Otho of good memory bishop of Portua, at that time deacon cardinal of saint Nychases in carcere Tullyana, and legate of the see apostolic in the realms of England and Scotland. And also that the prouysyones of the prouyncyall counsels, which doth helthfully inform the manners and acts of faithful subiectes partly be observed, but of very few and partly be neglected of all. we thought it convenient and meet this present holy counsel approving the same to make certain constitutions for their full observation a thing both holy and pleasunt unto god, and also to add certain chapytres, and likewise penalytes unto the laws already published and promulged, that they may be able to induce and bring forth( god being the author and worker) health and profit. ¶ Of baptism. When we enter this great see, that is to say, this world full of shypwrack, the first table that bringeth us unto the haven and port of health is well known to be baptism, which our saviour instituted & made the gate and portal of all sacramentes, as the authority of holy fathers which followed him doth testify. Therfore seeing the error is most ieopardyouse about the first entering of the gate the afore name legate, calling some persons back from the execrable and cursed sin of Idolatre which feared and thought it jeopardy if children were baptized in the times deputed and assigned unto the solemn celebration of baptism, that is to say, in the saturday before the resurrection of the lord, and the saturday before the feast of Pentecost, ordained and decreed, that the people should be brought and turned from so great error with often preaching and should be induced to solemnyse baptism on the aforesaid dayes for the baptysynge of their children. And where as none at all ought to be send away, without the receiving of such sacrament, ony what so ever he be may give it when there cometh a case of necessity. And so given in form of the church it profiteth unto health. But for asmuch as the symplycyte of many should fail & miss in the mynystryng of baptism, when the case of necessity is at hand were they not taught of the ministers of chrystes faith we found it prudently statuted and enacted by the foresaid legate, that the parish priests learning surely the form of baptism should oftentimes expound the same unto their paryshens on the sundays in the vulgar tongue, to the intent that if the article of necessity rise, in the which article ony must needs be baptized of them they may know the form, and may be able to observe it. Therfore that which in the said statute is expressed of parish priests, we extend unto perpetual vycars of chyrches, and command it of them to be observed. And because it is certain that this can not be neglected, nor omitted without the jeopardy of salvation, we therfore adding do statute and by virtue of holy obedience do straightly command that every archdeacon through his archedeaconrye make diligent inquisition against those priests and vycars punyshynge them grievously( as the quality of the thing shall require) whom so ever he shall find not to observe this holsom statute. ¶ That for ecclesiastical sacramentes nothing be asked. FOr as much as blind covetousness doth run so headlong that she in no wise contented with the winning, which riseth of earthly labours, taketh & receiveth also price under a profane and worldly sale even for the divine sacramentes, which can not be valowed nor esteemed. The aforenamed legate statuted against it, and commanded holy oil and cresme to be given of the church ministers purely & devoutly( all maner spots of covetousness, excluded and banished) making no difficulty nor styckyng in the exhybityng of them, under the pretence of any custom, by which it may be said that they which receive them ought to pay any thing to any maner person. Therfore we adding unto the constitution of this said legate, do statute that for these things as well the bishops as archedeacons shal diligently make inquisition in all places of their jurisdictions against the receivers, and if they finde any such shall punish them as symonyacke persons according to the canonical sanctions. But if they be negligent to fulfil this thing the bishop shalbe suspended from his pontifycalibus, and the archdeacon from his office, until such time as they haue conveniently emended the matter, which things all, we straightly command to be observed both against them, which before they induce the confytentes unto penance do ask or wryng ought from them, and also which give any other sacramentes by the mean or intercession of money. And as many as heareth th● confessiones of any persons, let them expressly absolve the confitentes from their sins, expressing specially the words subscribed, by the authority which I haue I absolve thee from thy sins. And because it is the parte of the confytent to show in the very act of confession tokens and signs of contrition and humility, we command all, which hear confessions so to induce the confitentes that they may make confession of their sins unto the pressed with reverence and humility. moreover because the death of the soul is grater then the death of the body, for that is perpetual, and this perysheth through the straytnes of short time let no man take away the remedy of comfession from any person that doth require grace and pardon, which thing notwithstondyng to be done sometime by the keepers of innkeepers unto the miserable captyues is come to our ear, and therfore we statute, that if any hereafter in this case or other, deny the grace of confession to any prisoner or other for the punishment of some great and cruel mischiefs, when he shall be brought to death, except he in his life make amendes at the commandment of his prelate let him lack ecclesyastycal sepulture. ¶ Of the consecration and reformation of the church state. THe house of god which as concerning the material substance dyfferreth not from private dwelling houses, by the inuysyble mystery of dedication is made the temple of the lord, serving for the clensynge and purgyng of grievances and for to sue for the divine mercy that there may be in it the table, whereon the lyuyly bread which cam down from heaven is eaten for the suffrages both of the quick and also of the dede. Therfore least so holsom a mystery should seam to be despised or neglected, we find it prudently constituted by the said legate that all cathedrall chyrches conuentuall and parochial within two yeres after they be ended and made perfeyt should receive consecration of that dyocesane unto whom they appertain or of some other by their authority. And if such places be not dedycated within two yeres after the time of their perfection the same legate enacted and decrreed, that they should stand interdycted from the solempnyte of masses, until their consecration straightly inhybytyng that abbots, or gouernours of chyrches may not presume to pluck down the old consecrated chyrches under pretence of making another larger or fayerer, without the licence and consent of the bishop of the diocese, who must diligently consider whether it be expedient to give such lycens or to deny. we therfore having in our knowledge, that such an holsom statute is neglected or despised of many, by adding unto the same, do statute that he which is the ruler, gouuernour, or vicar, of any church not yet consecrated, shall within a year after the building of the church make suete and require his bishop( if he may well do it) for the consecration of the church, or else shall make suete unto his archedeacon that within the said time, the bishop may be required and spoken unto for the same. But if such ruler, gouuernour, or vicar, or archdeacon do cease from making such sucte or requisytyon. we do decree them after a year to be suspended from office, until such time as they shall make it. And that bishop which at their such requisition shall refuse or differ above the said two yeres to consecrate the church either by wolf, or else by an other( unless ther be such a multitude of chyrches to be consecrated within his diocese that some must needs be dyfferred unto an other time, or some other lawful impediment excuse him) let him know himself from that time to stand suspended from the use of a dalmatyke cote and sandals, until he shal be content to consecrate the said church, the which let him take vpon him again at the self same act of consecration. And let the bishop study and endeavour himself to do his office of consecration freely and without all maner exactions( his due prorye excepted) least he be streken with the vengenaunce of god, likewise as simon and gyezis were. ¶ Of clerkes that were weapons. FOr as much as the securyte and surenes of christian innocentye consisteth in the weapons of virtues, therfore teacheth the apostle, that we should put one vpon us the armour of god, and gyrd us with the sword of the holy ghost, because that our war & stryffe is not against flesh and blood, but against the princes of darkness, which ar vaynqueshed and overcome not with iron weapons, but with prayers and tears and virtuous works, seeing therfore the use of weapons is utterly forbeaden by the authority of the lawe of god and also of man unto clerkes, which ar taken in to the noble & excellent enheretaunce of christ, in so much that though it be for justice sake yet in no wise be they permitted to use harness or weapons with which they wolde displease or avenge. The fervent mind and burning love, which we haue unto the chyrches honour causeth us to aborre the outrageous excesses of them which forgetting the name of god, & their own honesty presume to carry weapons about them, and to assotyate and accompnanye wolf with thieves and pirates, and other evil doers taking parte of their prays, roberyes, and theft, not onely in the goods of private persons, but also in the church goods and other which be laid up in the same, or in their cloisters or precynctes not ceasynge to commit wickedly such mischievous deeds, wherefore we do godly provide for the health of these clerkes which make their vages in these so horrible mischiefs, statuting and decreynge, that who so ever being in the order of clerkes bear vpon him harness or weapons, or otherwise trespass in the premisses shall in the dede doing incur the bonde of excommunication. And except afterward when he is monished he make satisfaction, according to his prelates mind and arbitrement within a certain term by him to be fixed, forthwith shal be deprived in so doing from all ecclesiastical benefice of that realm. And shall nevertheless haue to wit that he is in jeopardy of his order. But if perchance he be such as had no benefice before, leste he should remain without the reward of so great mischief, let him stand unable to the obteynynge of any maner benefice for .v. yeres. And from the said sentence of excommunication let him in no wise be absolved by his dyocesane, except he first make amendes at his dyocesanes arbitrement for the premisses. ¶ Of the habit of clerkes. seeing the trouth of the holy euangelye commandeth a man that hath not the garment of marriage to be cast forth of the doors, which saying although the pure & clear exposition teacheth to be ment of the ornaments and apparel of virtues, notwithstanding yet because the inner habit is oftentimes signified and declared by the outward it is behouyng that it be such without forth that it may very likely agree & be meet with that which is within, least perchance by means of the uncomely habit he that wereth it should appear in himself to be vile or by means of light iudgement should, offend, or hurt the hartes, of them that behold and see him there is therfore an order and mean soberly and discreetly provided, as well of the fathers of old dayes as the fathers of these dayes, which mean and ordinance clerkes( which ar called into the lords portion and lote according to the interpretation of the name) must follow in the exterior habit, who be taught in wolf to gird their loins & to bear burning lights in their hands, for consideration of which things the aforesaid legate of good memory, by virtue of statute commanded, that they should be compelled and restrained of their byshops by the subtraction of benefice unto the form declared in the general counsel, concerning as well the garments and apparel of clerkes, as the ornaments of horses, so that they that be in holy orders haue their vestures in a comlye measure, use close capes specially when they be in the church and before their prelates, and in the meatynge and convent of clerkes, and every where in their parishes who so ever haue received the gouuernaunce of chyrches with the care of souls. And to the intent that byshops may the better bring and dreue other unto the honesty of apparel unto tonsure and crownes becommynge, and unto horse harness meet and besemyng, let them provide and see this thing first to be observed and kept of their own household clerkes that they for their partes bear the clerkly habit of honesty in their clothing spores, brydels, and sadels. But now we abhorring the grievous and to great perverse abuse which is in a maner generally poured and spread in the clerkes of these parties of our legatye contrary to the premisses, wherein god seemeth to be scorned and mocked. The beauty of the church is darkened, the heyghnes and excellentye of the order of clerkes is depressed and born down, christ is left and forsaken of his soudyars bearing vpon them vstraynge arms & badges the honour of the chyrches honesty is spotted, while a mannes eye looking doth not discern a clerk from a lay man it is unto all true faithful people the occasion of slander, and of contempt and dyspysynge, we do statute and straightly command, that all clerkes were garments not to be lawghed at & noted for their exceeding shortness, but at the least wise touching beneath the mydledge, let them also haue open ears not covered with here & crownes becommyng of seamynge largeness by which is signified the leying down specially of earthly things and the dignity of kyngly priesthood, neither at any time, but onely when they be in iorneynge may they any wise dare or presume either in chyrches, or before their prelates, or in the commen sight of men were on their heads openly their infules, which they call commonly coyphes, And as many as be in priesthood, and also as many as be deans or archedeacons, and all other which be constituted in dignities, having the care of souls, must were close gowns or capes, except perchance they put vpon them some other garment, because of iorneying, or for some other just & honest cause. And if any that be in prest hood or dignity or that haue care of souls, or that be canons of cathedrall chyrches trespass against the {pre}mysses in coyphes crown or shaving, and when they be admonished do not amend, shall in the dede doing incur suspension from office, in which if they s●onde by .iii. months, then let them be suspended from benefice, and let them not be absolved from such sentences by their dyocesanes before they pay the .vi. parte of their revenues that year to be faithfully bestowed vpon the poor people, at the discretion of their dyocesanes, other condign pains which the prelates will lay on their subiectes offending in these things, nevertheless saved. And as touching these priests, archdeacons, deacons and other set in pre-eminence and dignity, which contrary to the premisses offend in the habit of their apparel, we statute the self same things to be observed. As for other clerkes which transgress in the premisses, we leave to be punished at their prelates arbitrement. we do also give commandment in virtue of holy obedience unto all archebyshopes, bishops, archedeacons, and other prelates, that they diligently inquire for the premisses in places subjecteth unto their jurisdiction, and observe effectually this present statute against all transgressors, & also cause it to be observed. And if they be found slow or negligent in enquyryng these things, or after it ones appear unto them by the euydentnes of the dede or other just way, that any doth offend in the premisses, do neglect to correct them, according to the statutes and decrees therof: Archebyshopes and bishops in so doing shalbe suspended from the use of a dalmatike cote and sandals: archdeacons & other inferior prelates from church entry, until they excercyse their office duly about the correction and amendment of the said faults. moreover seeing the dygnite of bishops ought to increase and augment the fruit of religion, and to declare more evidently the keeping therof. we command all that be endued with the dignity of byshops that they bear the habit which is conuement and agreeable unto the chyrches dignity and their own honour, according as the canony call ordinances do teach, but most specially we enjoin and command them which be taken from monasteries, or other regular places and be made byshops, or hereafter shal be taken, that they bear their regular habit, least their dignity seam to cast of and put from them the former religion, which they be bonde to gird unto them with the knot and bound of promise, which never may be loosed or separted from them, whom also we straightly inhybyte that they use not cloth or furs, or other apparel, dysagreynge from their former order or rule in colour, but in such things let them enforse to observe the statute of the general counsel. ¶ That clerkes excercyse not worldly iurysdictyon. IN as much as it is a special ornament of the chyrches honesty to be far of from carnal acts, and not to haue those hands, which ar deputed unto heavenly service, to mynystre and serve worldly business, we account it a grievous thing yea a great shane and rebuk, that some clerkes through filthy wantonness and greedy desire hunting for earthly lucre and temporal iurysdiction, receive of the layete worldly authority and jurisdiction, to be called iustycyaryes, and to be made ministers of that justice, which they can not mynystre without the injury of the canonical ordinances, and the hurt of clerkly order. we therfore willing to pluck up this horrible vice by the roots, do straightly in hybyte all persons and perpetual vycars of chyrches, yea all and singular who so ever be in priesthood, that they receive no secular jurisdiction of thandes of any secular person, or presume to excercyse the same, and who so ever haue already received it, let them give it clearly up, and that within two months & in nowise receive the same again hereafter. But for asmuch as an inhybytyon should be smally regarded with malyuolens minds unless against such transgressors, there shall follow penal ◇ we haue also decred, that if any 〈◇〉 to go against the premisses, he shalbe suspended in the dede from office and benefice unto which if he so suspended rashly & lightly offer and put himself, he shall not escape the canonical vengeance. And such maner punishment shall in no wise be released by the dyocesane of him that doth the contrary hereunto, until he amend himself, according to his dyocesanes arbitrement, and also give an oath, that thenceforth he will not commit like things, the kings our souuerayne lords priuyleges saved in that behalf. ¶ That clerkes be not advocates in causes secular, nor iudges, nor assysters. according to the mind and reformation of holy canons, we by virtue of this present constitution do straightly inhybyte, that none taken in to the warres of clerkes presume to excercyse the office of advocates in secular court for cause of blood, or for any other cause, but onely in cases by the law permitted and granted. And if any do the contrary, if it be in cause of blood, and do labour and contend of the actors party, let him be suspended from office in the dede doing. In other causes we command such excess to be kept down, and punished by the dyocesanes, reserving the quality of worthy punishment unto their arbitrement. As concerning also the same causes of blood, in which there is iudgement taken for doth or meymyng of membres, we likewise inhibyte that none of the clergy presume to be judge or assistant. And who so ever shall do contrary, let him be otherwise punished over and beside the pain of suspensyon from benefice, which he doth incur in the dede doing according to the arbitrement of his superior, from which sentences of suspension let him in no wise be absolved by his dyocesanes, except he first make amendes competently. ¶ Of concubynaryes, that is to say of them that keep concubines. HOwe vnbecommyng it is & how contrary unto the pureness of christianes to touch sacred things with lips & hands polluted or any to give the lauds and praysynges of cleanness, or to present himself in the lords temple, when he is defiled with the spots of lechery, not onely the divine and canonycal laws, but also the monitions of secular princes hath evidently seen by the iudgement of holy consideration, commanding and enjoining both discreetly and also holsomly shamefastness unto all chrystes faithful and ministers of the holy church. In following whom the said legate with laudable zeal and study commanded & statuted that, except clerkes, and specially they that were ascended unto holy orders( which kept in their own houses or in others concubines openly( did remove them from them within a month, thenceforth in nowise to receive or keep the same or other again, should be suspended from office and benefice, and until such time as they had worthily made satysfaction therein, should by no means meddle with ecclesiastical bnfice if they did that they should be deprived by the very lawe, of the same benefices, whereupon we wyshynge to haue shamefastness like as the pearl of virtues to shine in the clergy who ought not onely to be persuaded hereunto, but also for the bonde of their profession which they haue received by commandments to be compelled with all care as much as in us is, do favour the statute of the aforesaid legate made against clerkes, which openly keep concubines, and adding unto the same, do statute, that the archedeacons of places, which next unto byshoppes bear the charge shal against such concubinaryes make diligent inquisytion every year, and cause the statute of the aforesaid legate made for them exquisytely to be observed, and nevertheless let them be bound to denounce, and show unto the bishops such things as they shall finde, that the bishops wolf may execute vpon the same the due office of a shepherd. And if in executing the things, which be afore expressed, any archdeacon shalbe found negligent, or any bishop, after it is ones denounced unto him by the archdeacon: the archdeacon verily shal be suspended from church entry, until he hath denounced it, but the bishop from the use of a dalmatyke cote and of sandals, until he shaking from him his negligence, shall find his heart to execute the things decreed and statuted. moreover where as the consent and help of an other unto synnyng maketh both equal in the sin, and condempneth both unto like pain, we do statute, that they which receive clerkes for to sin, or wittingly suffer them to sin in their houses, or else let out or lend knowyngly houses to their concubines, if they be clerkes, let them be punished with like pain, but if they be lay people, at the bishops arbitrement. And the aforesaid concubines which be known by the evidence of the thing, or else by some other just way, let them be utterly chased from church entry in time of divine service, nor let the rights be given to them at easter season, seeing they eat and drink their own condemnation that take it vnworthely. But for asmuch as we haue learned this thing oftentimes to happen, that he that is conuycted vpon the crime of adultery, or other notoryouse offence, doth avoyde and fle unto strange partes to escape the pain and to continue with more liberty in the crime, we do statute, that if any person after this maner convey himself from one {pro}uynce to an other, within our legatye, the bishop in to whose diocese he shal chance to come, or his offycyal shall execute effectually, & that at the commandment of the prelate, in whose diocese or jurisdiction the run away transgressed, the sentence of excommunication declared and given against him, unto such time as he shal return unto healthful penance. ¶ Of the residence of vycars and their institution. THe dyspensynge and execution of holy orders is granted unto men as it were a key to open diverse gates of health, and of spiritual grace, which key is necessary that he haue which obtaineth the care of souls, that he may open unto them, that be shut out, and he also that beareth the key ought not to wander abroad out from his dwelling place, but must be redy continually in his standing for all that calleth, and like a diligent and careful shepherd draw unto him with his exhortations thē that call not. These things although the old authority of holy fathers haue decreed, yet because ar oftentimes found not to be observed of them, which love temporal fruit more then everlasting. The aforesaid legate prouydynge for both cases hath amongs other things statuted, that none henceforth may be admitted unto vycarege, except he haue the orders of prestod, or at the least wise of deacon hood to be made pressed at the next time of orders, which renounsyng other benefices, if he haue any unto which the care of souls is annexed, may swear to make there corporal residence, otherwise he decreed such institution to be none and the vycarege to be given to an other. As concerning them that were then instituted, and yet not presthed the afore name legate statuted and commanded, that after that within a year at the least they should cause wolf to be ordered in to priests, or else after the year he decreed them to be deprived of the vycareges, and the vycarege to be given to an other, which thing was commanded for the residence of them that should be instituted, for he made statutes likewise of them. And we also willing with our best discretion to keep down the malice of them that do contrary to this, by addytion to the same, do statute, that if any henceforth withhold vycarege contrary to this statute, he shall not make the fruits his own, which he so receiveth, but shal be bound to restitution, the medyote or half, whereof shal be delivered to the church of the same vycarege, to be converted by all means in to the {pro}fyte of the same, and of the other half one parte shalbe bestowed amongs the poor of that parish and the other parte shalbe applied to the archdeacon of the place. And let the archdeacon for these things make every year diligent inquisytion, and cause this statute through his labour and carefulness firmly to be observed who also if he spy out any to hold vycarege contrary to the premisses must denounce without tarrying unto the prelate, to whom appertaineth the collation or institution, that the same vicarage is void, that he may do therein as it shall seam meate for his office, who may also no otherwise instytute, neither presume to differ the institution of the vycarege after such denunciation made to him, or after it is otherwise comen to his knowledge, if he do the contrary, know 〈◇〉 himself to be suspended from collation presentation, and institution of all man●● benefices( what so ever he be) until he execute the things in this behalf statuted. moreover that all enforsement of malice may be repressed by diligent industry, we statute that if any go about or contend to keep vycarege against the premisses contynuyng in his rebellynge one month, beside the pains above set, let him in the dede doing be deprived of other benefices, if he any other haue, and also grind unable for ever to obtain te vycarege( unto which he was so grievous an incumbent) and moreover for .iii. yeres unable to obtain any other venefyte, unto which he hath made himself unworthy through his vycyouse and adulterat contagyousnes, which all we not onely extend unto the things to come, but also will them to be referred unto these which be past, decreynge & commanding them effectually to be observed in the same. The archdeacon if he neglect the things above enjoined, beside the indignation of god almighty, which he doth in so doing incur, let him be deprived of his parte, which should be applied to him, and by authority of this present statute be suspended from church entry, until he haue fulfilled the premisses. ¶ Of them that be intruded. THe damnable & immoderate presumption of such as love wolf by means of which love, reason is clean subverted in iudgement, doth utterly banish all charity, while it without regard coveteth unto itself that which is anothers, and much desireth the doth of his neighbour, when it knoweth to haue ought thereby yea & moreover when death or other chance bringeth nothing to his purpose, there arise shameless wylenes, & symulation. By which the wrath if god is provoked, feigning falsely him that liveth to be ded, and him that yet possesseth to haue resigned in word and dede. And because this mortal disease is crept up in chyrches, specially such as be ordained of this side the see of England the afore rehearsed legate thereupon hath statuted that the benefice of him that is absent may in nowise be taken from him under the pretence of opinion or famed had or hard of his death or resygnation, but that the prelate must tarry and abide, until he be fuller instructed of the trouth, for otherwise he shall know himself bound to restore all hurts & damages, which the absent suffereth therbye. And as touching him that hath procured hymslfe to be intruded, bysydes the restitution of damages, he hath decreed him to be suspended in the very dede from office and benefice, which thing also we would haue to be extended unto him, which presumeth by his own authority, or rather by his own rashness to set vpon and to take violently or rejoicingly ecclesiastical benefice while another is possessor, or after it is declared to appertain to an other enforseth to defend himself with harness and weapons in the same. But we coveting to lay a lerger and fuller plaster unto the said word by adding, do statute that no ecclesiastical or secular patron dare henceforth to put any unto that church where he obtaineth the title of patronage, except he haue a probable knowledge of the vacation of the same church in which case although he may present, least there might some prejudice by slydyng away of time be engendered unto him, yet shall in no wise the prelate to whom appertaineth the institution presume to admit or institute the present unless there be first certain knowledge of the rectours death, or of other lawful vacatyon, For these things no other knowledge shalbe sufficient then such as shall be taken by the corporal presens of him that is ded, or doth resign, or otherwise give it up, or if he be absent, by the bishop or dyocesanes sentence, in whose city or diocese he shalbe said to haue dyed or otherwise to haue departed from it, or at the least way by the letters of some other autentyk person sealed, with one antentyke seal or many, or by a public instrument, or else by meet witnesses sworn and above all exceptions, that is to say such, as no exception can be laid against them, which can depose and give sufficient and clear witness, according as the lawe requireth not onely of their believe and trowyng, but of their very knowledge in this behalf. But if any contrary to those things that be spoken shal be in fact instituted, or rather( to speak more truly) intruded in any church, such institutyon shal be vnauayle able and of no strength at all, nor by such institution shall there any title or right be gotten no though it afterward should perchance appear that the benefice was vacant at the time of such institution. And when so ever after, knowledge shall come of the first rectors or persons life, because that he coming personally do show hymfelfe, or is otherwise proved to live by authentic letters or public instrument, or by meet and apt witnesses, as well the prelate instytutynge as he that shall so be instituted, shalbe bound to make full restitution unto the same rectore of all fruits, damages, and expenses, which the rector hath been at for the same, neither of thē to be delivered through the payment of the other. And for as much as a money pain is not sufficient where the fault is spiritual, we statute that the prelate which contrary to this shall institute, shall continue nevertheless from the time that he committed the aforesaid grievances, suspended from the collation, institution, or presentation of all maner benefices until possession of the church be delivered unto the rectore. adding thereunto that if after knowledge had of the rectors life according to the maner above written, the church be not restored unto him, the party intrused if he stand styfe in so mischievous rebellion .iii. months space, he shall then beside the above set pains be deprived for ever in the dede doing of all benefices, which he obtaineth in the same realm, and shalbe for ever unable to obtain that benefice, which he hath so witholden, when so ever or howe so ever it shalbe vacant, unto which by the vice of covetousness and catchyng he hath made himself unworthy. And if perchance he haue no benefice, know he that in the dede doing, by authority of this statute he is made for ever unable and in no wise capax, not onely of that benefice which he so presumed to haue, but also of any other in that diocese, which he hath disturbed with his pestylente mischiefs. Furthermore the above name pains, we will and command to be extended unto all and singular which shall presume to take and occupy by wolf or by other, at the presentation of the patron or other ways, benefices or chyrches without canonycal institution of the prelate whom it is evident more grievously yet to offend. Also unto all and every, which before this constitution haue taken & occupied the benefice or church of him that is living and doth yet withhold & keep the same occupied. And likewise unto al and every which haue presumed to intrude wolf without canonical institution of the prelate, except within iii. months after the publication of this constitution, as well the occupiers as such intrusers do utterly give up, which they haue so received and make amendes as beforesaid. Those things which ar statuted against such persons in the constitutions of the aforesaid legate, & of the prouyncyall counsels of all our legatye never the more in any thing dymynyshed. For seeing we think not those pains to be sufficient against these transgressors, we judged it more favourable & also more tolerable to haue a church or benefice vacant somewhat the longer for love of the unknown trouth, then to haue the same the least time in the world to be kept in adultery with a violent & wicked possessor. moreover when the knowledge of vacation shall fortune to come by other {pro}bable ways thē is afore rehearsed unto the archbishop or bishop to whom appertaineth the collation or gift of church or benefice, if he fortune to give that benefice or that church, fearing lest through lapse of time, there might some prejudice come unto him, yet the corporal possession of that church or benefice may he not deliver or cause to be delivered, or else consent or permit it to be delivered, neither he to whom collation is made may {pre}sume to enter into possession of his own authority or of any others authority. And if archbishop or bishop do the contrary, know he himself to be under the afore said pains. But if he to whom such collation is made, shall receive or take possession contrary to the premisses, know he himself to be deprived for ever from that church or benefice, and nevertheless to be in the danger of other pains, ¶ That one church be not divided in to many personages. such perfeytnes cometh of vnyte in al things, and most of all in divine offices and spiritual services, that dyuisyon above all things is detested and abhorred, which is the bringer and cause of all decay and ruin, for there shall no materyall thing stand or continue, where as is no certayntye of religion, which may alloure & draw the casting and understanding of mennes minds in to one shape or fashion, for when dyuysion worketh in this mind, and that it maketh them at variance which where one where vpon the authority of catholic vnyte hath decreed that there be in one church one governor as one head of one body. But the sour of darnel that maketh men sick and bysyde their wits, sometime through the discord of many patrons in one church, sometimes through the faynynges of covetous fellows which hunt for nothing else of the church then temporal profit, bringeth in this pestyferous dyuisyon diverse ways, that one church should be divided into many clokyng and hydyng the lewdness of the thing under a certain chaynge of the words or names. And the heat of desire and covetousness( which thing is more detestable) doth so burn yea and rage in some prelates that they will not admit them that be presented unto ecclesiastical benefices, nor give them to any, but a certain portion of the proventes and revenues of the same benefices shall be witholden and kept back, which they apply to their own uses, or else give to other for a time or clearly, according to the pleaser of their wills. But to haue these things lawfully kept down, the aforesaid legate utterly forbedyng dyuisyons and partyculer assygnations with permutationes statuted that never church shulbe divided into many personages or vycareges, and which were then before divided should be made one again as sone as there were occasion offered, except any church were so perchance instituted of old time, in which case he decreed that the bishop of the place should see and provide that as well the profectes as the parish were divided amongs them by convenient portions, and that always some might be resydent at the church to abide the trouble which the care of souls doth bring and to excercyse himself manfully and honestly in saying divine service and mynystrynge of the sacramentes. Therfore we following worthily the decree of the foresaid legate by adding to the same do statute that all such maner diuysion as was made before the constytution of the aforesaid legate, except it went long before that it might worthily claim the right and title of antyquite, or else did after follow and also the witholdyng and assynyng of any manner portion of chyrches proventes, which is well known may not be done without the spot of simony shalbe revoked clearly by the diocesanes of the places, and if henceforth dyuisyon or back holding of any portion or assygnation be made. we decree the same to be none by the lawe. And least the evil example of him that doth give, or present, or admit many to one church should be left unpunished, whether it be one or many that do present, they shall lose the right of presentyng for that time, which shalbe devolved unto the next superior, but if a prelate do so give or admit them that be so presented, or withhold or assign to an other any certain portyon clearly or for a time, not onely his institution, witholdynge or assygnation shall want vygor and strength, but also he himself until he revoke shalbe suspended in so doing from collation, instytutyon, or presentatyon of all maner benefices. ¶ Of the halers and drawers out of men which flee unto chyrches or their lyttons, & of them which take away any thing contrary to the wills of the ecclesiastical lords from their houses, manners, or graynges. FOr the safeguard and refuge of such as be oppressed, we perceive and know the chyrches freedom so to be constytuted and ordained that it may defend yea them which be gultye of blood from the violence and chasynge of men. How much more convenient is it that fautles persons running unto the church and such goods as be clear from all maner exchetes which for fear of enemies or violence be laid up within the compass of the church should be safe, not onely from drawing and plucking thence, but also even from violent handling or touching, and that no maner rashness ought to be attempted in them, full well knoweth he that wisely attendeth and taketh hede. Furthermore it behoveth us to take hede and intend as well for the tuytion and defence of such persons, as flee unto chyrches or their precynctes, and of the goods which ar of trust seyed up in them to be out of danger, as for the health of profane and wicked men, which intend to go with shane enough unto the drawing out of such sanctuarye men from those places, and unto the spoiling and robbing of the foresaid goods, the fear of god not regarded, the reverence of the church utterly cast up, yea the same of all humanity, and of name of famed clean laid a side, and that ought we to do the more speedily and quickly the greater that the danger is which is known to come of such spytefull and false mischiefs. Therfore we according to the duty of our office {per}secutynge with perfyet hatred such inyquytes and mischiefs, do statute that if any man shall draw out violently an other fleeing to church or chyrchyard, or cloister, or shall forbeade necessary vyctuall from him( wherein he is like a murderer) or shall violently or enmyously carry thence other mens goods which ar( as is said) laid up in holy places, or shall cause them to be thence carried or shall ratyfye and allow the drawing out the prohybytyon, and the thence carrying done in his name by his famylyars, or shall give openly or rejoicingly help counsel or consent unto them that do draw out, do forbeade, do carry away, shalbe wrapped in the dede doing in the bonds of excommunycation, from which he shall in no wise be absolved, but he first make competent satisfaction unto the church, which he hath so greatly iniuryed & also unto him that hath suffered the losses and damages. And verily if such an excommunycated person monished by his dyocesane do not satysfye within the time by him fixed and appointed, his land shalbe put under ecclesyastycal interdictyon, which shall in no wise be released before a due satisfaction be performed. But if perchance he haue no land then if the lord of the land where the said excommunycated person dwelleth, vpon admonition do not expel such a pestylent fellow out of his dominion within a term given unto him for that purpose, the land of that lord shalbe under the chyrches interdyction which shall continue and endure as long as the said person shall make there his abode. But certainly if such an excommunicated person be a clerk and vpon his prelates admonition do in no wise make satisfaction within the term which his {pre}late shal think convenient to be appointed, let him be deprived of al ecclesiastycal benefyces, which he obtaineth in that realm. And if he obtain none, let him be unable for .v. yeres to obtain any manner benefice of that realm. For he is worthily excluded from the benefices and goods of the church which vyolateth so wickedly charity and the chyrches honour in the contempt of god and hurt of his neighbour. And those things which ar statuted in the premisses, we will & commanud them all to be observed against burners & breakers up of chyrches. moreover if any man come and presume to consume or to take away or to handle any thing out of the houses manners graynges, & such other places pertaining to archbyshops or other ecclesiastical persons, or else to the chyrches selves besides the will or sufferance of the lords or of them, which be depu●ed to the custody of such things, let him be wrapped with excommunication in the dede doing, from which he shall in no wise get grace to be absolved, until he haue made a sufficient amendes. And least this holsom statute should be neglected under the pretext of ignorance. we command the same or his intention to be published and openly proclaimed in cathedrall chyrches, colleges, and other by the chapleyns & rulers of the same chyrches one year continually after the first opening of the same statute every sondaye, when the multitude of the parysheners and other faithful be present. ¶ That no man withstand or let matrimony to be solempnyzed in face of the church. THe bond or knot of matrimony which was instituted of the lord himself as it is not subjecteth under the power of man, so ought it not be set open or naked to any mannes will or rashness by means, whereof it may not receive the solempnyte customed in the sight of men, by which it cometh to all mens knowledge, as it is expedient it should do. wherefore we straightly inhybyte, that none presume to stop or let marriages lawfully contracted, but that they may be solemnyzed in the face of the church. And the bishops whose interest it is to defend holy things ought to study and enforse worthily to punish such presumers. ¶ Of the execution of testaments. AS the decrees and statutes of the lawe furnish and defend the liberty of the last iudgement and will with great prerogatyue of favour, so it is becomyng to help and farther the execution of the same, that the arbitrement of the testator be in nothing dyminyshed or let. And therfore we thought it good to make statutes for the execution of testaments that the executor of any maner testament be in nowise admitted, the testament presented before the ordinary, according to the approbated custom be in any wise of him allowed, except first the executor expressly renounce before him the privilege of his own court as appertaining to this act. we also by virtue of statute do command, that the executours of such testaments before they touch or meddle with the admynystration of the goods make an inuentarye in the presence of some faithful persons which had of like the knowledge of the quantity of the deeds goods, and show the same unto their superior prelate, if any shall presume to admynystre, no inuentorye made let him be punished at his byshops arbitrement, verily as concerning the approbation of his testament which had while he lived benefices in diverse dyoceses, we will faith and credens to be given to the approbatyon of that bishop, in whose diocese the testator decesed. ¶ That prelates may not receive the fruits of vacant chyrches. Where as we be minded and much desirous clothe the care of our chargeable office enjoined unto us, to put and move away the losses and damages of chyrches, least they should be kept down to low, oppressed with double dyscomfort and desolation and that by them most of all which owe unto the chyrches subjecteth to them their daily attendance always over seeing them, and be bound to comfort them with fatherly mind and affection, when they be made widows by the death of there own gouuernours and rulers. we statute that when it shall happen chyrches to fall vacant, the prelates under whom they be shal by no means perceive or take the fruits and proventes for a year or other time, nor make them so received or taken their own, but that shall with them be done which is decreed in the canons, except perchance the same prelates may claim such right or title unto them of special pryuylege or custom of old time used, and if they do contrary, let them be suspended from office, until they haue restored the hole, Sequestrations of fruits and proventes of ecclesiastical benefices, we utterly forbeade to be made of the prelates, which thing also both the laws and also canons forbeade, except special cases arise, in which certain customs and laws permit, sequestrations otherwise made & sentences of excommunications and interdictions given by such occasion, we decree to be none by the lawe, let the prelate also which shall make such sequestrations be suspended in the dede doing from the use of a dalmatyke and sandals, until he make revocation of the same. ¶ Of oblations in chapels to be restored unto the mother church. THe grace & goodness which proceedeth of his benignity, that is the giver thereof maketh the receiver manifestly unthankful if it be turned in to an abuse and be extended out from his own costs in to the hurt of an other, verily the godliness of the chyrches providence while it would not haue any unjust condition to be brought by one to an other, if at any season a private person desire to obtain a chapel to his own use, and vpon just causes is granted him, hath always used and accustomend to add this condition, so that it may be done without the prejudice of an other, whereunto we also bringing holsom and meet remedy, do statute and straightly command that chapleyns mynistryng in such chapels, which be granted and given with this clause the mother chyrches right saved restore without any diffycultye or styckyng unto the ruler of that church all and singular oblations and other profits, which ought to come to the mother church, if they received them not seeing they can not justly keep that which is as it were apperteynyng to an other. And if any despise to restore it know he himself to be wrapped in the bonds of excommunication until he haue made restitution therof. ¶ Of the church houses to be repaired. DEtestyng and abhorring the insatyable covetousness of certain persons, which though they receive great goods of their chyrches and ecclesiastical benefices do yet neglect and not regard their houses and other buildings, so that they neither keep up those which be hole neither repair those which be fallen by means, whereof great deformyte is entred in to the state of those chyrches and many incommodytes do follow. we statute and command that all clerkes endeavour themselves to repair becomly the houses and other buildings of their benefices as they shall need, whereunto let them be dyly gently admonished by their byshops or archedeacons, if any other the monition of his bishop or archdeacon shall cease by two months space to do it, then let the bishop make it diligently to be done at the clerkes costs, causing by authority of this present statute, so much to be taken of the fruits of that church & benefice as shall be sufficient to finish such reparations. The chauncels also of the church let them cause to be repaired by them that be bound thereto, as it is above expressed. But the archbyshops and byshops and other inferior prelates, we command under the fear of goddes iudgement to see their houses and buildings well repaired and covered, and to conserve and uphold them in their state, so that they cause those to be repaired, which they shall know to need reparations. ¶ Of procurations which be due by reason of visitation not to be received by the archdeacon or other inferior prelate, but when they visit. THe effect of natural ordinance giveth seed to him that soweth and multyplyeth to him that laboureth the fruit of his labour. But no man doubteth, but that it is vnconuenyent & unjust any man to reap where he soweth not, or to gather of those things, which he casteth not abroad. For those considerations the provision of the holy canons by the weyinge of equyte and ryghtwessenes hath decreed that the church which receiveth vysytation shall give unto the visyter, the procuration appointed and assigned in the temporal & spiritual goods of chyrches well ordered. But seeing the procuration is due by reason of vysytation, if any thing be required or received when there is no such reason or cause, it hath the name of that, which is not due and is evil received. Therfore when we vnderstonde that many prelates require procurations of their subjects, though they do not the office of vysytation, that as well the chyrches indempnyte as the prelates wealth may wyselyer be provided, for we straightly inhybyte that none of them receive of any maner church procuration which is due by reason of visitation, but when he mynystreth to that church the office of visitation. And he that shal receive otherwise, until he haue made restitutyon, let him be suspended from church entry. As concerning the bishops and other inferior prelates, when they visit let them not presume to grieve and load the subiectes with their superfluous waiters or their nombre of their caryages, or otherwise with expenses above the quantity and nombre determined in the constitution of pope Innocentius( whose memory be happy) the fourth least when they visit they seam more to yane and gape for money and lucre then to haue mind to conserve the chyrches state or to seek the health of souls. But if they do or attempt to do the contrary, let not the subjects obey them in this party. And the sentences of excommunication, suspension, and interdiction given by such occasion, we decree to be none by the lawe. Also at the time of the vysitation, let them not bring with them a superfluous and chargeable multitude of men, by which the chyrches quietness hath been accustomend oftentimes to be troubled, but let them follow the moderation of the constytution openly declared in the counsel lateran. ¶ That no money pain be received of the subiectes for a fault notoryouse & openly known. THe almighty god whose all things are, doth not receive all maner price for offences nor requireth holocausts, that is to say hole brunt sacrifices for sin, which thing some that be deputed to the governance of other not knowing or else of a certain rash purpose dyspysyng it, when faut●s be committed of the subiectes do remyt and forgive the due punishment of the same for money, by which means it is caused that god forgyueth not the sin & aswell the judge of the crime as the commytter thereof, doth seal to gether in one sack their offences to be judged both at ones. And for as much as after the mind of Isodor the party guilty feareth no fault which he thinketh to redeem for a little, therfore is not the evil mind dymynyshed or chaynged by this, but rather there is given authority and licence to sin. About the correction truly of crimes the aforesaid legate statuted that archedeacons should visit the chyrches profitably and faithfully enquerynge for hallowed vessels and vestementes, and howe the chyrches ar served with day and night service, and generally for temporal things and spiritual, and such as they shall find worthy of correction, diligently to correct and amend them, but to the chyrches they may not be grievous in superfloues expenses, and must ask onely moderated procurations while they visit not bringing with them strangers, but behauyng wolf modestly in servants waiters and horses. And may not presume to receive money of any man to this effect or purpose not to visit, or not to correct, or not to punish faults & crimes, neither may wrap any man unjustly with their sentences that they might wind or wring money from them by occasion therof, wherefore seeing these things haue a taste of the vice of simonye he decreed that they which shall presume to do such things should be compelled by their bishops arbitrement to give in to godly uses double those things which were so by extortion received, the other canonical penalty decreed against them, notwithstondyng saved he also commanded that the said archedeacons should be present often in the chapters through every deanery, in which chapters they might diligently instruct the priests amongs other things well to know and truly to understand the words of the canon of the mass and of baptism, specially those which be of the substance of the sacrament. Therfore we aiding the statute of the aforesaid legate made against such by addytion to the same, do statute that archedeacons may not receive money for any mortal and notoryouse crime, whereof slander may a rise of him that is the transgressor, but shall punish the offence committed with due and worthy punishment. And bishops we straightly enjoin, that they see & cause such helthsom statutes to be firmly observed and kept. ¶ That spiritual benefices be not set to ferme. IT is unworthy and not becomyng that money merchandises should be made in spiritual things wytnessynge the apostle Peter unto simon, there is no parte or lot for thee in this word, for he selleth c●●etously and lightly spyrytual things, which hyreth and buyeth the medlyng with them by the brokyng of money. And for this cause we perceive the constitution of the aforesaid legate to forbeade and inhybyte that no dignities or offices, as deaneryes, or archedeaconryes, or proventes rising and coming of the excercysyng of ecclesiastical or spiritual iurisdyction, or of penance, or of the altar, or of any other sacrament should by no means be granted or given to ferme. But we hearing that many do contrary to this so holsom and holy a statute, by addition to the same, do statute, that if hereafter any shall do contrary that lease or to ferme letting so made shall in no wise hold, and neither party of the bargayners shalbe bound to other by such contract or bargain which shalbe as it were of no value what so ever authority of the lawe it be defended with or maintained, whether it be by express renuntyation of the benefice of such our constytution, or else by any other paction or covenant. The thyrde parte of the proventes of that thing which shalbe known contrary hereunto to be set to ferme in dede though not by the lawe, to be applied notwithstanding by all means to be building of the greater church of Canterbury, which things al we will to haue place & statut to be observed when a church is to let ferme to the lay & also when the leasse of a church is made to clerkes for more thē .v. yeres space contrary to the constitutions holsomly {pro}mulged of the said legate in this behalf. And moreover coveting to forese and to deliver the chyrches from great prejudice, we straightly inhybyte and forbeade them to be let to ferme unto their patrons under the pains before limited. ¶ Of the residence of archebyshops and byshops. A Good shepherd knowing his flock ought still to behold him with the eyes both of the body, and also of the mind, and least the insydiouse wolf invade and entre in to his flock as the enemy watcheth to persecute and to dystroye, so must the prelate resist continually defending, it is therfore behouyng that the corporal presense of the prelate diligently & pensyffely defend the flock for so much as the shepherd going and coming oft, findeth not that he left because the adversary not departing nor sleeping hath carried it thence. verily though byshops ar well known to be bound, as well by the precepts of god as of the church to keep personal residence about the lords flock committed unto them, yet because in the parties of our legatye there be some which seam not to attend the same. Therfore we following worthily in the zeal and ferventness of mind and emulation, the monition, and exhortation of the aforesaid legate, which was prudently made for this thing unto the archebyshopes & bishops do effectually exhorto them in the lord and in virtue of holy obedience, & also under the witnessing of divine iudgement, do monish thē that for the care of the flock committed unto them, and for the comfort of the chyrches despoused unto them they exhybyte and give their presence, due specially in the solemn dayes of Lent and advent, unto which they haue copled wolf by promise and faith made between them, in which chyrches they must every year in the day of the lords supper make the holy crysma and hallowed oil, and oil also of the sick, except they must absent wolf from these chyrches in the said dayes, called by their superiores, or else for some other just cause, that they may enforce to observe with diligent acts that thing which hath in it no less loode then laud or honour, according as their name pretendeth and soundeth and the office and service committed unto them requireth. ¶ Of approbations of chyrches not to be made. FOr asmuch as the decrees of holy fathers and roman byshops haue hyly laboured and mightily endeavoured to prohibit and forbeade alyenations of hallowed chyrches, we following them with all suffycyencye that we can according to the duty of our office do straightly inhybyte all and singular byshops, that none of them give or assign any church subjecteth unto them to an other bishop or monastery or priory in right or title of appropryation, unless it be so, that he to whom he would appropryate that church be manifestly oppressed with the borden of poverty, or some other lawful cause move thereunto, so that such appropriation may be thought and judged not to be so contrary unto ryghtwysnes as consonant and agreeable unto godliness. But if such appropriation be made contrary to the premisses, it shalbe by the law, weak & of no strength in the world and as it proceeded from the bishop in dede, so by all means shall it be revoked by the same that did yt. Some also, because they wolde swallow and clenesyp up, what so ever cometh of the church appropriated unto them given & granted to their uses, which was wont to be governed by their own persons and rulers, do leave the church destituted and wydowed of a vicar, or if perchance they institute a vicar in her they leave so little a portion of the fruits that it can not suffice him to support the archedeacons, charges, and other which lie vpon him. And so cometh it to pass that that which was provided in alms, floweth into the evangelist of avarice and runneth in to robbery. Therfore we finding out holsom remedies for these things, do statute and straightly command that all religious persons exemptes and not exemptes cistercyenses and other what so ever they be which haue chyrches for their uses, if there be not vycars set in them shal be diligent and not omit to present vycars within .vi. months space unto the diocesanes that may institute them for whom let the relygyouse study to assign a portion fuffycyently according to the faculty and power of the chyrches, or else if they do not, let the diocesanes endeavour the same diligently, we also do statute and enact that they which haue chyrches for their own uses shall set up & make houses in the parishes of those chyrches, or shal build again or uphold them that were of old buyldeo in the which houses the vysyters may honestly be received. All the aforesaid things we command firmly to be observed, as well of the bishops as of other, which haue chyrches for their own uses. ¶ Of the goods of them that die intestate. When the uncertain preuentyng of death anticipateth the will and mind of the last iudgement, so suddenly that the cutting of and partyng of life suffereth not the testament or last ordinance to be made, the gentle and loving mind of man doth mercifully toward the ded when the temporal gooodes which were his, do follow him by distrybution in to godly uses to his help and do make intercession before the heavenly judge for forgiveness. we approving and firmly alowynge the provision, which is said to haue discreetly comforthe many dayes syns from the prelates of the realm of england with the kings and his barons approbation for the goods of them that die intestate, do straightly inhybyte that no prelates or other, who so ever they be receive or catch up by any means the goods of such intestate against the aforesaid provision. ¶ Of the delegatye or commyttyng of cause. THe authority of the judge garnysheth & setteth forth the strength and honour of iudgement, and it is presumed that trouth goeth without danger before him whose high state and great stipends doth promise valiant acts and worthy fruits of justice. Therfore cleauyng to the holy canons by which it is statuted that causes shall not be delegated or committed from the apostolic see, but unto such persons as be of the greater state, we statute and enact moved with the same reason and authority of the lawe that causes in any wise may not be committed from archebyshops, byshops, or other ordynaryes, but to persons contituted in dignity or office, or else to canons of cathedrall chyrches or of other collegyat chyrches. ¶ Of the form of cytyng. THe greedy and cruel desire of mortal men doth so reflecte and bring back again their love toward themselves that it ceaseth not to pluck and hale what so ever it may catch, not fearing the displeasure of god or hurting of their neighbour, which things the crooked ways of suetes and the storms of causes done manifestly declare in which causes the sure beholding and regarding himself onely so far erreth in the way of justice that he thinketh just & right, what so ever may hurt his nduersarye, and profit himself by right or wrong. truly because it was espied & known that fraud and craft was wrought cheffely in the article of acytyng, the aforesaid legate Otho statuted that in causes of the realm, of England cytatorye letters should not be sent by the obteyners of thē or their messengers. But that the judge at the moderate expenses of him that getteth them should sand thē by his faith full messenger to seek diligently the party to be called whom if he could not finde, he should cause the letters to be red and declared vpon the sunday or some other solemn day, while mass is song at the church of that place where he used to dwell, or at the leste way that the citation should be sent unto the dean, in whose deanery he that is to be called maketh a bided, who at the iudges commandment must faithfully prosecute the same by himself, or else by his certain and faithful ministers, and may not omit to write unto the judge that he hath therein done. But we intending to haue more ware process about the article of cytyng & utterly to take away( as much as in us lieth) the matter and cause of all danger and peril, by adding unto the constitutyon of the said legate, do statute and make that when a judge sendeth forth the commandment of citation against any man absent he shall commit the cytacyon to the dean of the place or to some certain persons to be served. And when he to whom it was committed hath faithfully executed the same, let him write again that he hath acyted according to the form of the statute, or else there shall no maner faith or credance be given to that cytacion which appeareth otherwise to be made seeing vpon that cytacion ther may no process be made unto any maner pain against him that is said to haue been cited. ¶ Of the oaths of advocates. THe laudable office of advocates which is to the life of man very necessary, for that they, as the champions of justice keep war and fight in the field of iudgement, is much verily cast out of authority by them, which excercyse themself vnfaythfully in the same, through whom justice is lost, and the process of causes is letted and stopped with innumerable shifts and auoydances. This thing for soth the aforesaid legate considering and prudently marking, amongs ocher holy constitutions decreed, that who so ever wolde occupy generally the office of an advocate should make an oath before the dyocesane of whose jurisdiction he is by reason of birth or of wonnyng that he shal give faith full counsel and aid in such causes as he is the patron or advocate. wc therfore willing to make a larger path unto such a statute, by which iniquity is met with all, Iustice is relieved, and trouth is suckered, by adding to the same, do enact and statute that according to the contents of the said statute no advocate may be admitted unto the defence or help of any cause, except he first exhybyte and show the letters of the dyocesane before whom he was commanded to swear by which it may be known that he hath given such oath, or else do make & give such oath of new, as is in the statute appointed. ¶ That the judge may not hinder or let the peace or concord of the parties. FOr as much as iudgement hath nothing to do where the dissension of the plaintiff and playntye is at rest, neither ought the judge to do any other thing according to the mind of lawful decrees then to end the controversy, surely he doth foull and much amiss that enforseth to draw back or stop, specially under pretence of any profit the parties which be ready to peace and agreement. And because that through such apechement or let( if any happen) god is provoked neighbours ar damaged the honesty of iudgement is stained and a matter of chydynge and of hartgrudges is nourished, which statute of the aforesaid legate( who was contented with a simple and plain prohybytion in this behalf) we setting forth more effectually by adding to the same, do make and statute, that henceforth if any person receive ought for the impediment or stop making against the peace or composition of them that be at variance in the lawe, he shalbe bound by all means to restore it to him that gave it. And shal also pay as much more to be distributed unto the poor people for if he do not, from the time he committed such mischiefs in so receiving, know he himself to be bound in the bonde of excommunication, until he haue as is beforesaid made restitution. ¶ Of public and open absolution. AS the bonde of ecclesiastical censure, which was invented for a medicine to heal such sick as it represseth and keepeth in is wont to be made openly known so likewise the benefit of absolution, which is given to him that is bound is meet and expedient to be known, least he that ought not to be avoyded be avoyded and eshewed unto his rebuk or slander. Therfore we statute, that when it shall happen any to be loosed from the sentence of excommunication, suspension, or interdiction, ther be commandment given to some openly to denounce and show such losing in times and places convenient. ¶ Of institutions or collations. THe verity of chrystyane religion hath forsaken and left very many in the elation and pride of their hartes in so much that when every one man is scarce sufficient unto the cure of his own soul they weyinge wolf in a false balans, take vpon them without any fear at all not only the cure of one benefice onely in which sometime they be neither resydent, neither cause wolf to be promoted unto holy orders, which the charge of the benefice requireth, but also they gather unto them without shane innumerable charges and cures of many benefices walking by vanities and false madness, & therefore must they needs neglect the wretched souls, which they haue received to be healed seeing the very impossybylite of the thing can not suffer them to fulfil and perform such a charge which persons verily do assist and take parte with the flesh against the sprite against god and their neighbour, and depart from god as it were of purpose, while they cast wolf evidently headlong in to the devils hands, whiles they take souls from christ and convert the alms of the poor people in to superfluous uses( we will not say in to evil and mischievous uses) by their wicked peruersyte. From these so great perels and dangers the constitutions of holy fathers high bishops of Rome, and of other having authority vpon the same haue with manifold cares and much dylygencye laboured to pluck and deliver them, as well in the dayes of old time passed, as in the dayes of this time, which their labour although it were meritorious unto them, that husbonded the lords vineyard excercysynge wolf therein faithfully and truly unto whom( yea living evil) it was virtue to mynystre a matter of virtue, notwithstanding we haue found that the profit of this labour hath not comforward because ther be many obstinately grown in the ferventness of this profane desire, which without the key of dispensation of the apostolic see presume to receive the plurality of ecclesiastical benefices having the charge of souls, not only of the bishops hands, but also damnably to take them of their own authority and with violent hand and boldly to withhold them with imagined malyciouse crafts & shifts. how great euelles come of these things unto the church, we ar not able ne sufficient to tell, for honesty is spotted authority annulled, the faith of Christ is over thrown and under trodden, charity is banished, the hope of them that be poor is lost, because they see the mouth of the rich and mighty yane open wherein entereth all benefices that fall, the wretched sinner & blind guide boasting himself a governor and a ruler, may be better saved to steel then to receive that which is not his. amongs these rich also arise contentions & slanders, stryffes and hatredes ar nourished. And for this thing specially we fear that the fire of the divine indignation haue worthily been kindled vpon the men of such realms and that vengeance hath been sent vpon all for the offences of some. And while we see nothing else so full of perels & dangers, we fear like things or greater, hereafter, unless the mercy of god looking vpon us, set the holsom remedy of correction and amendment. willing therfore to minister the dyligencye of our office against this pestyferous and scarce curable dyseace, and to make it clean hole with all virtue that in us is, and likewise helping the constitucyon of the aforesaid legate made for these things, following his steps and adding to the same, do statute and command that for the faults which be committed before our constitucyon, concerning the plurality of benefices with cure, and also concerning them which be not resident in their benefices as they ought to be, neither receive the holy order, which the care of his benefice requireth, every prelate shall without dissymulation diligently inquire and cause the statute of the general counsel effectually in them to be observed. Archebyshopes also must diligently inquire for the aforesaid in their prouyncyall counsels, and correct as their duty is, the negligent, seeing they be bound to give a weening for the same in straight iudgement. And hereafter when it shall happen any man to be presented unto a benefice having the care of souls, or otherwise the collation of any such to be made, we statute that the prelate which hath office and authority herein making first inquisition of the life and conversation of the party presented, or to be instituted and of other things which the laws command, diligently also dyscusse and search this thing whether such person presented or to be instituted haue personages, or other benefices having cure of souls, and if he haue, whether he hold thē with dispensation or else without, which if he affirm he hath, let him procure to exhybyte the same unto the prelate within the term to be appointed of the prelate after such affirmation made, or else in no wise let him then be admitted. But if he shal be instituted let that institution be none by the lawe. And when the dispensation is exhybyted the prelate must consider whether by strength of that dispensation he may obtain an other benefice or benefices to gether with them that he hath. But if he shall perceive and finde that he hath or haue had many benefices without dispensation he may not admit him any wise unto that, which is now in hand observing and doing the same thing, if the dispensation exhybyted, extend not to benefices to come, but onely to them that be past, except in this case that he which is to be instituted, first give a corporal oath that possession ones had in the benefyce in which he is instituted, he shall forthwith without dyffyculty or styckyng give up other benefices, which he before had, and in nowise intromyt or meddle thenceforth with them, either by himself or any other, which thing if he presume to do, beside the note of periurye which he doth incur, know he himself of them that he hath and shall haue to be deprived by the law. But after that any shalbe instytued, according as we haue said forthwith, let the instytutor denounce what is done( if he may well do it) unto the prelates being within the same realm, in whose diocese stand the former benefices which he had & also unto the patrons of the same, that they may dispose those benefices, which seam to appertain to them. And nevertheless writing the names of those benefices, let him denounce them in the next prouyncyall counsel then coming where it may be looked vpon what order is taken with those benefices. And that it may appear whether he that was so instituted hath said trouth, which said before that he had not other benefices. And if the prelate instytutyng shall otherwise do, let him revoke the instytutyon, which he made within a month, or else let him stand suspended from collation and instytution in what so ever benefices apperteynyng to him until he haue revoked the right and title of giving them revolved unto the next superior. But if he nevertheless intromyt with them, he shall also be suspended from the entering of chyrches. moreover for asmuch as he is justly conuynced of a fault, which runneth in to the same crime that he reproved. For wherein he iudgeth an other he condemneth himself, while he is found fauty in the same. Therfore we detestyng this blot which the apostle saith ought to be avoyded in the prelates of the church, do firmly inhibyte and forbeade that the prelate which refuseth to admit for the lack of holy orders him that is presented unto him to a church vacant, shall not give the same church to an other, which suffereth like fault, lest he seem so to accept the person more then to haue loved justice, which thing if he do, his collation or institution shalbe in the very dede unavailable and shalbe counted utterly of no effect nor strength. ¶ Of commendams of chyrches THe ineffable fawle of mannes dignity hath so slacked the rain of concupyscence that the sharpness of reason clean cut away and the wand of wrath and correction set up against evil manners utterly bruised and broken, nothing is reputed unjust which seemeth to flow in to the vnfylable vessels of covetousness nothing vnhoneste whereby the food of avarice is gotten not diminyshing the hunger, but much more augmentynge. It is to be sorrowed and lamented if these things besege the minds and lives of the simple sort in the one kind of men, which be therfore called lay, because they be left and deputed to many services and labours. But to whom god is the portion of their inheritance which ought to look of the lord for the restitution of their inheritance, which be bound to rule and govern other by their leadyng in them, wee see those things to be lamented so much the more heuely and bitterly with how much more iniquity they be committed in them, and with more jeopardy suffer. For sooth amongs their inventions which intend fraudes & gyles against their own souls, this one most of al haue we found confoundynge the forteresses of goddes lawe and mannes, that where as one church ought to be the church of one gouuerner, as reason teacheth and the statutes of manifold laws declare, certain notwithstanding being without reason, or else dyspisyng the rulers of the law when they haue none other cover or colour to occupy & take many benefices, and make great hast to be enryched by what so ever means it be, procure chyrches vacant to be given in commendam unto them, embracyng the words, but not the mind of sense of the lawe, which sometime permytteth to haue one church entitled and an other commendated. And where as the right & title of commendam was brought in, not so much of precept as of sufferance after the true and pure understanding of the lawe, and that for the necessity, or else vtilyte of the church vacant, they converting & turning all things unto the lucre of their gredynes, do receive not onely one church, but many by commendam and that to the dyssypacion and dystruction of the same chyrches. But amongs many dangers and ieopardyes which grow of this pestyferous faction, we perceive and espy the loss of ecclesiastical things, and the negligence and very contempt of spiritual things, while wretches, coveting to fall in to their own evil and destruction do gather to gether those things which ought to appertain to other, or else do wast and cast away rejoicingly vpon their own voluptuous abundance and pomp which be ordained for the alms and norysshement of the poor people. And these things ar proved by the witness of the divine law to pass( as concerning the weyghtenes of the offence) theft, robberies, & the slaughter of the son in the fathers sight, neither from the sight of god is the blindness of the giver hid, which when he should see unto the church accepteth the person of man, to whom he commytteth not so much the sheep to be cured as to be miserably devoured. For as much therfore as neither the fear of the divine judgement, neither the intent of holy canons seam hitherto to suffice or profit unto the keeping down of such, we coveting for the duty of our office with all care we can to profit the health of souls, and the state and indempnyte of the church do utterly revoke all and singular commendations of chyrches hitherto made to whom so ever it be, except that commendation be made for the evident profit of one church onely, and do declare them from this time to be vacant, straightly commanding them unto whom the collation of them or presentation to them appertaineth that they give or present within two months after publication of this our present constitution, otherwise the collation of them shalbe devolved to the apostolic see. But hereafter we forbeade any church to be commended, except a just cause or lawful require it. And to the intent we may again stand and meet with all crafts, inventions, and deceits, we statute that no church be commended unto any man obteynynge more then one benefice with care of souls, neither many chyrches may unto any person be commended. But if contrary to those things, which be holsomly statuted by this our provision it happen the commendation of church to be made of any or to any within the places of our legatye, we decree the same, & what so ever shall follow of the same to be of no value by the law. And the bishop which contrary to the premisses shall make commendation, until he hath revoked, shalbe suspended in the dede from the collation or presentation of all maner benefices. ¶ Of the confirmation of bishops. THe pre-eminence and excellentye of the ●eet of a shepherd which hath need of many gifts of the divine grace that the shepherd may walk pure in himself before god in truth, & in the sight of the people for their doctrine amongs other things provided forbye the holy canons of the ejection of bishops above all things cheffely requireth this, that such a person may ascend thereunto as is not defiled, but is clear( asmuch as is possible for man) from all spots. Therfore we correctyng with al diligence we may according to the duty of our office the ignorance or negligence, or dissimulation of certain persons, which is often had, or else procured against the confirmations of them that be elected, do statute and in virtue of holy obedience, do straightly command that when confirmation of the byshops election is required amongs other things, whereupon inquisition and examination ought to procede according to the ordinances of the canons, that thing be most exactly and diligently enquered, whether the elected had before his election many benefices with care of souls, and if it be found that he had, whether he were dispensed with therein and whether the dispensation( if he had any) be true & doth extend unto all the benefices which he obtained. And if in any the premises he unto whom appertaineth the confirmation shall finde the elected to fail, let him in nowise give the gift of confirmation unto him. ¶ Of them that give up their benefices at the time of election and afterward receive them again if it happen not them to be chosen. THe vice of ambition buylyng up unto an hote & dry evangelist while it neither enbraceth the lest part of mary, neither goeth unto the mynysterye of Martha in business of profit, but through the desire of bearing rule is carried unto all paths that may lead thereunto, confoundeth with all lewd rashness both right and wrong, the eye of reason clean abjected & cast away. For soth we haue learned that thing sometime to happen that when a seat is vacant which some person coveteth to clyme unto, he then fearing leste might fail in his purpose through the plurality of benefices obtained, doth resign the same benefyces or rather by a certain detestable paction leyeth thē in his hand unto whose collation they belong that if it happen not him to be chosen he may afterward take again the same benefices as things laid up to be kept. against this therfore so abominable collusion we setting a rail or bar both holy & pleasant to god do straightly inhybyte that to none hereafter so resynynge, his benefices shall again be restored, neither in any wise as it were of new granted. But let them as benefices vacant be canonycally ordered and disposed to other meet persons. But and if the same benefices or any of thē shalbe delivered or granted again to such a resygner: that redelyueraunce or grant so toward him made, we decree to be void and of no value. And who so ever shall hereafter wittingly give these benefices so in his hands resigned, contrary to the premisses, or shall instytute such resygner in the same, if he be a bishop, let him be suspended from the use of a dalmatyke cote & of sandals. And an other inferior prelate from his office, until they haue made revocation. ¶ Of them that make pactions with the presented BEcause we haue learned that it oftentimes happeneth that when there is a presentation to be made to a church vacant, he that is to be presented, bargayneth first with the patron for a certain sum yearly to be payed unto him of the goods of the church and vpon such paction is presented unto the church. we intending to withstond and meet with this act bringing as well the vice of simony as damage unto the church, do utterly revoke all & singular such promises and pactions, & straightly inhybyte thē hereafter to be made & if they be, we decree thē to haue no strength. moreover all pensyons which haue ben hitherto laid vpon parish chyrches, we utterly revoke, except they which obtain or receive thē be munyted with lawful prescription or special pryuylege, or some certain right and title. ¶ That worldly matters be not done in chyrches. THe omnypotent lord which is angry with us for our sins & offences & yet forgetteth not to take mercy, knowing that he himself may and ought be pacysyed by the prayers and waylynges of them that be contrite and humylyated, wolde haue temples & oratoryes builded in which the faithful coming to gether abstracte and plucked from all exterior acts and gathering wolf to gether in their inward conscyences their corporal senses clean closed and shut up, through the oblations and hostes, and specially through the sacrifice of a contrite hart and prayers, by which we be joined to god might mitigate the wrath of the just judge so that justice turned into mercy synners should not justly for their merits be comsumed, but should obtain mercy for the clementye of him that all made. How acceptable this thing is unto him, the son of god himself hath uttered, both with words & deeds, & vouchyng the church( though he be the god of all) specially his house would haue it name the house not of bargaynyng, but of prayer so much abhorring fairs and merchandises to be excercised in the temple that with a whipe made of cords, he cast out from the temple the byers & sellers although those things were there sold which were necessary unto the use of holy things. manifestly and openly signyfyinge howe detestable their fault is which make merchandises and excercyse worldly business in chyrches making of the house of god the den of thieves and the house of the devil seeing in such contracts the bargayners deceive or intend to deceive one an other. For these causes we straightly inhibyte, and by virtue of inhibytion statute and decree, that in any maner church of our legatye, no man shall keep market of any things sale or presume in any wise, to excercyse any maner business, firmly inioynyng under virtue of obedience. Archebyshopes, bishops, and other prelates of chyrches that they cause by ecclesiastical censure this holsom statute of all men inviolably to be observed. ¶ That procession be made for the kings peace. THe just and merciful father which will not the death of a sinner, but that he may be converted and live, ponysheth the offences of men sometime temporally, because he would not condemn them eternally he vysyteth and looketh vpon the synners justly and chastyseth them with merciful punishment that they may be converted unto him and perish not wherefore when our sins dyuyde between us and our god, he sendeth in diseases and pestylences and suffereth famysshement and warres to arise dyssensyons, treasons, and many euelles with which men be punished and vexed continually their sins so deserving and requiring. For this cause verily the noble realm of england which was wont to enjoy the beautnes of peace is many ways punished and troubled with warres, dissensions, treason, and in these dayes brought to miserable desolation. And the holy land in which the son of god hath wrought the health of mankind( which thing is to all christen people shane and sorrow, he hath delivered in to the hands of the enemies of Christes name that he declaring us unworthy for our offences of the habitation of so holy a land might excercyse the christen people to war his warres for their own health. For the lord which rebuketh and chastyneth whom he loveth which woundeth & healeth converted unto the prayers of the faithful which return unto him keepeth not his mercy in wrath, but when he hath been angry for just causes, he shal remember mercy that all pestylentyes and euelles ceasynge he may give comfort to the troubled & vexed he may restore health to the sick and vnyte to them that be at discord and variance. For this cause the old fathers with wise deliberation haue ordained that at certain times general processions & solemn should be made in which the faithful people coming together which be chastyned by the lords vysytation & be kindled with the zeal of devotion and love might through their prayers {pro}uoke the lord to take mercy & pity, & also lest they should be reproved of the vice of unkindness do, thankes & give praysynges unto god for the benefices bestowed vpon them which thing we worthily counterfeytyng by virtue of statute, do command that in all the earth of our legation every year on the next morrow of the octaves of Penthecost there be made a general and solemn procession in which the faithful people as well religious as secular may meet and give thankes unto god for the peace mercifully restored, & may also beseech the lord that he converted from his wrath wolde vouch saffe to direct & rule the gouuernaunce of those realms and countries to give peace to the faithful and continue and confirm the peace restored and to deliver unto christyane habitation the holy land which he hath coloured read with his own blood that it may be to the laud & glory of his name. ¶ Of the constitutions to be read every year. THe conservation of the church honour which bringeth vnyte of the catholic faith and increaseth merit, obtaineth grace and peace of the lord unto the chrysten people, and for the reverence of the mother holy church maketh the vows of just men to be acceptable with the merciful father, and worthy to be hard. And of the contrary it happeneth clean contrary & otherwise so that vnyte and faith is diuyded, religion disdained and vndertroden poreth out the wrath & indignation of the almighty vpon the rebellious and unlawful people, which suffer shypwracke through their own inordinate desires, and maketh the pity of the merciful lord to be vntreteable. Therfore we profitably excyte and call up archbyshopes and bishops which be set by the lord to keep his flock that they will observe such things and in virtue of holy obedience, we straightly command them that they will watch vpon the tuition and custody of chyrches and of churchelye persons, and also intend about the reformation of them taking such care, labour, and fervent diligence as becometh sheperdes, whereby the chyrches and churchly persons may be much holpen unto their amendment and conservation. And against them which attempt to let and stop in these things their jurisdiction and labour let them observe and cause to be observed the constitutions of holy fathers byshops of Rome, and likewise oures which be promulged and declared in such cases, & that under the pains which be in those constitutions expressed. And least the ignorance of those constitutions might torn any from their observation. we command all and singular archebyshopes and bishops, abbots, and priors exempted and also the chapters of cathedrall chyrches that they haue in writing all these statutes, which ar made and proclaimed in this our counsel. And the said archbyshopes and bishops, we will that they cause the same to be read diligently from word to word yearly in all and every their synods. ¶ Of monks and chanons regulars and nunnes. THe kingdom of heavens which is divided( the trouth witnessing) by many dwelling places & mansions, wryngeth out of this world as out of a press & gathereth to gether the inhabitants which walking by diverse paths of virtues & leapyng out from the contagyousnes of the world kept in by diverse rails of penance shall enter with diverse wages of rewards in to the tabernacles of heavenly mansions. amongs all such, the holy order of monks, which is next unto god being instituted by the teaching of the holy ghost of that reverend man name Benedicte( which name became him for the grace of his life) and raised up unto better & perfyetter gifts, the heygher that we attend and perceive that it tryumpheth ascending of old time from the earth by the grades of life, and catchynge through holy violence the kingdom of god, so much the greater care lieth vpon us to continue the beauty and defend the holynes of the same, and to shut out all maner plagues sand by evil angels and to heal them of their diseases which they suffer by the sword & await lyinges of the enemy. For as much therfore as this holy religion slydyng in to riot and superfluousnes through the losing of certain knots of constantie doth miserably decline and wey unto the broad paths which lead to death, we come forth under the divine counsel and hope of heavenly help that we may holsomly set ourself to the duty of our office for the quick and convenient reformation of the same. ¶ Of the profession of nouityes. FOr soth Otho deacon cardinal of saint Nychases in carcere Tullian and legate of the apostolic see amongs other things concerning the state of monks statuted with sober and prudent deliberation, that who so ever was admitted in any monastery for a proof, should incontinent the year of probation ones passed make profession, or else depart out of the same, if he did not the abbot or prior which suffered any such without profession above a year should be grievously punished in a chapter by the presydentes, and the novice that so had done should be compelled to profess, or else ought to be taken for one professed. But to the intent that an expressed and {pre}sent pain may refrain thē which under the trust to scape unpunished wolde not be kept from fautyng with a penalty differed and not expressed by adding to the same. we statute that that abbot, prior, or abbatisse of what so ever order or religion they be that caused not the novice to be professed when the year of probation is paste( oneles they be let by some canonical impediment or the novice depart out of the monastery) within a month so long let him fast breed and water every friday, until they haue caused that novice to profess. And unto no novice before he haue made profession may their any office or mynisterye be committed seeing in that time he ought to be given and attend unto regular dysciplyne that it should be very hurtful( as it is most evidently known) for him to torn unto such things. ¶ That the constitutions of holy heygh bishops be read. furthermore seeing ignorance the mother of error doth so lead unto dystruction that the blind walking in her darkness fealeth not the danger nor hurt before he run in to it. The aforesaid legate by holsom constitution decreed that abbots and priores forthwith after their rule should cause the constitutions and ordinances of the heyghest byshops cheffely those which appertain to them and their order to be written which constitutions and ordinances be contained in the compylation of lord gregory the .ix. pope in the titles subscribed, that is to say, of regulars cap. ex parte tua and capistatuimus, and in the chapytres ne religiosi. Of the state of monks. ca. monachi. ca. cum ad monasterium. ca. in singulis. ca. ea queen. Of simony. ca. quoniam symoniaca labes. Of the sentence of excommunication. ca. monachi ca. vniuersitatis. ca. cum illorum absolutie. ca. de monialibus. Of suretyes. ca. {quod} quibusdam. Of payments. ca. sy quarundam decretales. And we by addition, do statute & straightly command, that the masters of nouyces teach and instruct them diligently in the rule of saint bennet or of saint Austyne, or else any other, so that every religious may full learn a rule and know the same as by heart. And let the aforesaid constitutions be throuly read in every monastery twice a year, that is in the beginning of advent, & in the head of lent al being called to gether in to the chapter ¶ Of monks proprietaries and of other religious. FOr as much as propriety holden of any maner things, is in monks as it were idolatry, into the blind having whereof they be lightly lead, or rather do fall through the dyuelles suggestion, the said legate being content with a syngule prohibition and commandment of the canons, statuted that no monk should haue thenceforth any thing of his own, and if he had, he should resign it without delay unto his prelate, which thing we prosecutyng more effectually, do statute and straightly command, that abbots, & priors, of what so ever order, which haue not superior abbots shall twice a year make diligent inquisition for such proprietares, that who so ever such they find they may punish, according to the canonical ordinances and regular statutes. But if the abbots and priores wolf neglect to fulfil this thing, let them be suspended in so doing from admynystration, until they haue diligently executed the premisses. ¶ That there be no money given to religious persons for their raiment, and other necessaries for their living. ANd soothly leste any occasion shuldbe offered unto satan by the vice or propryete to build vpon the back of a sinner, and unto the person self leste any meet and able occasion shuldbe given to offend, we statute that when any of the monks or of other religious {per}sons shall need raiment, shoes, or other necessaries for his living, he that weareth the office to minister these things may not deliver money or pens, for such thing to him that so needeth, but must minister the self things as necessity shall require. But and if he that hath such office, shall presume to do contrary let him be deprived of that office in which he hath offended and given a matter and occasion to other also to offend. ¶ That monks continue not alone in manners or chyrches. We perceiving that it is as vnbecommynge for monks or chanons regular to tarry by themself alone in manners or chyrches, as it is daungerous for their souls. Do firmly & straightly command that abbots & priores may not cause or suffer monks so to continue, but if any be, let them be called home to the conuent without loss of time, or else let one without fail be assotiated unto him, otherwise the abbots wolf & priores shal be suspended from office, until they haue accomplished it. But if perchance they haue poor chyrches which be not sufficient to find two they shall cause them to be served by secular clerkes, that so the chyrches be neither defrauded of due service, neither the soundness and perfyetnes of regular dysciplyne be broken. ¶ That monks deliver not to other monks manners to ferme. THat manners, chyrches, possessions, or other goods what so ever they ar, be not to ferme let( which is a kind of merchandises) to any monk whether it be of his own prelate, or of any other, we straitly and utterly forbeade. And if the contrary be done beside the pains decreed of the said legate, or in other constitutions comprehended who so ever give to ferme or deliver any such, he must fast in bread and water onely every friday for one hole yeres space. ¶ Of the eating of flesh. moreover because regular obseruancy● which leadeth by the narrow way unto life is many ways impugned and foughten with by the unruly pride of the flesh, therfore not without a cause would holy fathers bridle and keep in the flesh from the eating of flesh to the intent that scarcite & sparing might break the pride of the flesh which ones overcome & debelled by abstinence from the world the sprite might sing thankes fro the lord, vpon these things the afore name legate statuted that because the eating of flesh was forbeaden monks of the black order, & that as well by the rule of saint bennet( certain cases & places excepted) as by the general chapter of the abbots their heads, for the monks which by abuse had customed to eat flesh the abbots and priores in stede of such forbeaden meet should see & cause other competent meet to be ministered according to the faculties of the house. But we by adding to the same do firmly & straightly command, that abbots & priores having not abbots of their own, & abbatysses & prioresses of the order of saint bennet make search carefully & diligently against the eating of flesh and sharply punish them whom they shall finde therein fautye attending the circumstantyes of the offence & also of the offenders. Also when the bishops visit the monasteries subjecteth unto thē let thē subtly discuss, search & enq̄re for such eating of flesh & ponysh thē, whom they shall find needy of punishment, or else besides the bitterness of the eternal indignation & malediction be they suspended, until it be done and accomplished. ¶ That in the refectory no religious may use vessels more precious then other their brethren. BEcause we wolde take away that opprobrye and imbrayd of foolish & found sturrylitye, by which monks and other religious persons which thinking wolf to be better then other, and willing so to declare wolf, contend to use vessels of more price then other do, we straightly inhybyte and command, that none of the monks, or nuns, or chanons regular shall use in the refectorye or in other places silver cup, or more precious then silver, possessyng the same as his own, or in the dormytorye any costly apparel of beddyng, couerynges, or hangynges. For seeing that all be of one sort and equal through the name of holy brotherhood what folyshenes is it that one should show himself greater then an other, which ought to glory in this, every one to show himself less then the residue of his brethren. ¶ Of them that be sick. AS concerning them that be sick to whom the charity of man commandeth to give aid and help and also pity entreateth, we straightly command that the prior or subprior clausterer excercysynge oftentimes the office of visitation watchyngly search what procurement is made of the infirmarye. And if he finde any default herein, let him hasten to show them to the abbot or prior, and let the abbot or prior cause all lack therein to be amended without taryinge and negligence. But if the abbot or prior shall nothing observe the {pre}mysses be they suspended so doing, until they haue done it. ¶ That in the refectorye there remain always two partes of the covent. We moreover statute and straightly command, that when the abbot or prior will refresh any in his chamber he so moderate and measure the nombre of them that shall so be refreshed that at the least two partes of the brethren remain eating in the covent, but in this thing let them well beware and give dylygencye that without the acception of persons they call now these now them unto refection whom they shall know to haue most need. ¶ That no religious persons sell or assign to other liveries. ANd where as we haue a mind to see unto the indempnytes of chyrches. we grub up that vice whereby abbots and priores and rulers of other chyrches, and keepers of hospitals clothe the heat of desire which inflameth vehemently their hartes by the intreatance and mean looking vpon the persons of men rather then vpon the chyrches, do commonly sell for a certain time, or else for their lives to whom such grant is made a certain portion( which commonly they call liveries) assygnynge the same to be paid every day or at certain seasons for the necessaries of their living whereby it is come to pass that the chyrches hospitals and monasteries through the exactions and payments of the said liveries be over laid and grieved and the nombre of them which ought to serve the chyrches and monasteries and also of the sick and poor people unto whose sustentation specially such goods were deputed and assigned is greatly mynyshed and so ar the chyrches defrauded of their due services and the poor and sick of their food and noryshment to the danger of their souls and open slander of them that make such grants, wherefore we straightly inhybyte that such liveries be not at any time sold to any maner persons. And if any before this our constitution haue ben granted for ever or for a time, when so ever they that haue obtained thē hitherto do resign or depart, the abbots, priores, gouernours, and costeses afore name may not grant them of new to their heirs or other. But if there be which shall presume any thing contrary to this holsom statute be they landmen with the sword of anatheme and be suspended also from office. ¶ That the old number of religious persons be kept and reserved. but for as much as according to the doctrine of wisdom the dignity of a king is in the multitude of people, and the ignomynye & shane of a prince in the fewness of his commens, no covetousness, no sludgeshenes or contempt ought to creep up or take hold whereby the fewness of servants should dimynishe the service of the king of kings, & the host of warryars should wax weak against the enemy of manifold iniquity and myscheffe. And therfore we statute and straightly command, that in every monastery and specially in these that be cathedrall chyrches the old number of monks be kept up and maintained. ¶ Of the accounts to be made of administration. AS touching prelates and admynistrations and officers this we statute and enact that abbacies and priores having no abbots of their own at the lest ones a year in the presence of the hole covent or of some of the senyores or wiser sort deputed thereunto by the chapter give a full accounts of the state of the monastery and of their administration. And if any prior or abbot shalbe found negligent to observe such statute( in so doing be he suspended from his administration until he haue done it.) ¶ That religious persons neither bye nor sell. THe medlynge with saleable things whereunto is knit a desire to give the least and receive the most and therfore coveteth captions and deceits is vnneth at any time or rather never known to be excercised amongs the lay without the procurment of sin. Howe much more filthy and durtye it is to haue their hands stained with such things which be raised from earthly acts both in habit and also obseruantye and obedience of holy religion, we therfore chasyng this evil from them as an abominable lepresye accordingly as the office of our carefulness doth require, do straightly inhybyte any monks or nunnes, or any maner persons religious of what so ever religion they are, to be bold as in feyres meekettes or places to excercyse in any wise merchandises which consist in buying and selling again of what so ever maner things it be, for if they do be they in the dede doing suspended from office, not onely that shall do it, but also that shall command it to be done, which suspension may in no wise by the superior be released, until they haue made satisfaction in the premisses, what so ever things are statuted and decreed, concerning the state of monks, we will and also command the same things to be observed, likewise in nunnes which be counted in the same profession. ¶ That nunnes pass not certain places. NVnnes dedicated unto god which denying wolf, and renouncynge the world haue bound wolf to the perpetual service of Christ must keep & save wolf with all dyligencye lockyng fast the gates of their souls that there be no entering opened unto the evil & malygne spiryt whereof occasion may be given to thē or to other in the heat & ferventness of evil desires, or at the least in light cogitation to displease & offend god. For this cause in cenobyes certain places are deputed, which it becometh them not to pass that they may keep the innocency of heart & body unto the lord. For a nun ought to entre in to the oratory wherein she may prudently look vpon herself lest she at any time falling in to temptation should glide or slip in to any maner sin let her come unto the chapter where she may justly repent that which is committed and entre in to the dormitorye & refectorye in their houres in which the body must be recreated and refreshed unto the maintenance of the same that it fail not. Let her take hede that temperance assyst and be present. leste through superfluity of refection the flesh sporne & kick, & that fortitude forsake her not that she may strongly resist temptations while she resist. But other houres let her tarry in the cloister, in which she may close herself and keep in the senses of her body, so that she may understand between her end the world to be made as it were a broad and deep trench which none can pass and beholding god only with the eyes of her mind, in contemplation may take a taste of the sweetness of everlasting life. And the aforesaid places we command to be kept void from secular persons which may not come there, but for a necessary and just cause and that not often but seldom, left clothe the oft conversation of secular persons, that rest and contemplation be troubled, or at least their mind slide unto secular thought or desires. Therfore for this thing we statute that a nun may never haue communication or speech with men or any persons religyouse or secular, but in public & commen places, and not in places suspected, and then no other but of sadness and matters of earnest, she may not come by herself alone unto talking, but to her one other nun at the lest must be assotiated living in the fear of god and in the straight observation which may always be hold and see them, and may be a witness of all things spoken or done by the other, except when she will be confessed. Also she may never eat out of the house with any man, but by the lycens and sufferance of the superior, except it be with such a one as is joined in so nigh blood or affinyte or other honest familyaryte, and otherwise not suspected that there may no maner evil betwyrt them be suspected. As for other places besides the five afore said, let every nun think herself to be forbeaden, so that she may never come to them except it be to the place of the firmarie, or to some other place for the nunnes in this behalf deputed, in which she may be by the licence of the abbatysse or prioress, for cause of recreation, if she be holden with debylite or sickness, where she may take recreation and couenyent remedies of her weakness. The nunnes moreover may not go to the houses of office, except such as of their office must, neither yet they at any season by wolf alone, but with an honest company as it is above of other expressed. The abbatysse and prioress with other which bear rule in monasteries of what so ever name they be counted may not depart out of the monasteries unless it be for the evident profit or urgent necessity of the monastery and then with honest fellowship accompanied. But to other inferior nunnes it shall never be lawful to go out of the monastery, except licence be given for a just cause or necessary. And then may they not be suffered at any time to go to be or to carry without the monastery alone, except she be assotiated with such a nun as hath in the monastery been so proved that no synystre thing may of her be suspected. Furthermore in all places of our legacye, we put away the custom by which nunnes haue used to go out of the monasteries by occasion of processions firmly statutynge & enactyng that though the processions be never so publycke and solemn yet shall not the nuns depart out of the monasteries for that occasion, but at such times as the faithful people accustom to meet in processions, let them keep the solempnytes of processyons within the compases of their monasteries. nevertheless to all archebyshops, bishops, and other prelates of chyrches which haue either by lawe or custom the office of visitation, we give in straight commandment, and that under virtue of holy obedience and obtestation of divine iudgement, that they visytyng the monasteries of nunnes as it is expedient, cause those things which ar statuted and decreed firmly to be observed. ¶ That religious persons often confess and often celebrate. moreover because it is written that the just falleth .vii. times in the day, for so much as no man as long as he dwelleth in mortal body liveth without sin, therfore is confession very necessary & profitable specially to religious persons in which all things which may displease god or do oppress conscience with contrition of heart dyscussed & with bitterness of mind recounted, they may come with clearness of conscience to pray & offer vpon the alter unto god an undefiled host. wherefore we statute that abbots or priores, or suppriores in their absence often inquire at leste ones in a month the confessors deputed to monks, for the names of monks confessed that even by that means they may grievously argue and reprove them that be not often confessed and induce them to confession, which thing we command to be observed against such monks as be in the order of priesthood and do not often celebrate. ¶ imprinted at London in Fleetstreet by me Robert Redman, Anno. M.D.xxxiiii. cum PRIVILEGIO. The Table. ¶ Here begynnyth the table of the constitutions prouyncyall after the maner and order of this book. Of the most high trinity & faith catholic. Folio primo. Of constitutions. folio. ii. Of custom. folio. iiii. Of the times of giving ordres folio. v. Of scruteny or inquisicyon to be made at the giving of ordres. folio. vi. Of holy unction. folio. vi. ¶ Of the Iteration of sacramentes to be done or not done. folio. viii. Of preestes sons. folio. x. Of strange clerkes. folio. x. The office of the archdeacon. folio. xi. Of the office of Archeprest. folio. xiii. Of the office of a vicar. xvii. Of the office of a judge being ordinary. folio. xvii. Of superiorite and obedience. xviii. Of truce and peace. xviii. Of transactions. folio. xviii. Of pleading. xviii. Of procurators. folio. xix. ¶ The table of the second book. Of judgements folio. xix. of a court competent folio. xxi. of holidays folio. xxiiii. of sequestryng possession and fruits. fo. xxvii. of presumptions folio. xxvii. of oaths folio. xxviii. of apeales folio. xxix. The table of the third book. Of the life & honesty of clerkes folio xxix. of the dwelling to gether of clerkes and women folio. xxxi. of the clerkes that be married folio. xxxii. of the clerkes that be not resydent fo. xxxiii. of prebends and dignities folio. xxxiiii. of institutions and commendams fo. xxxv. of the gift of prebends folio. xxxvi. of church goods not to be alyenated. xxxvii. of letting out and hyryng folio. xxxviii. of gauges folio. xxxix. of donations folio. xxxix. of the peculyer or proper of clerkes fo. xl. of testaments folio. xl. of sepultures folio. xliiii. of parishes and strange paryshens fo. xliiii. of tithes and oblations folio. xlv. of regulars & such as enter religion. L. of vows & redemynge of vows folio. li. of the state of regulars folio. li. of religious houses folio. liv. of the title of patronage folio. lv. of taxes and proxes folio. lvi. of celebrating of masses folio. lix. of baptism & theffecte therof folio. lxiiii. of the keeping of the host of the crysma and of the holy oil folio. lxvi. of relyques & honoryng of saints fo. lxvi. of the building of chyrches folio. lxvi. of the chyrches liberties folio. lxviii. That no clerkes or monks folio. lxxiii. ¶ The table of the fourth book. Of promises and matrimony folio lxxiiii. of the marriage of them that be under age. folio. lxxiiii. of privy marriages folio. lxxv. ¶ The table of the fifth book. Of accusations, denountiations, and inquisitions folio lxxvi. of simony folio. lxxvi. That prelates set not to ferme their offices for annual rent folio. lxxvii. of masters & the authority of teaching. lxxvii of heretics and scysmatykes folio. lxxix. of apostates folio. lxxxv. of them that haue slain their children, folio. lxxxvi. of mansleyinge folio. lxxxvi. of theft folio. lxxxvi. of a clerk that is an hunter fo. lxxxvi. of him that hath received orders by stelleth. folio. lxxxvi. of the excesses & faults of prelates. lxxxvii. of pryuileges folio. lxxxvii of canonical purgation lxxxviii. of pains folio. lxxxviii. of penauncyes and remyssions. xciii. of the sentens of excommunication. xcix. The signyficacyon of these words. ciiii. ¶ Here endyth the Table of the constitutions prouyncyall. ¶ Here begynnyth the Table of Otho. proem Folio. cv. That all chyrches be hallowed with a year. Folio. Cvi. That nothing shal be required for the sacramentes of the church. cvi. Of baptism & the form of baptysyng. cvii. That nothing shalbe required or received for penance enjoined. cvii. Of the confession of prelates. cviii. That unworthy be not promoted. cviii. That dignities be not let to ferme. cviii. That chyrches may not be set out to ferme above .v. yeres. Folio. cix. That no church be set to ferme unto any person for ever. Folio. cix. Of the institucyon of vycars. cix. That the church of him that is absent be not given to any person. cx. That no one church hereafter be divided in to many personages or vycareges. cxi. Of the habit of clerkes and of their ornaments. Folio. cxii. Of them that haue wives to be removed from benefices. cxiii. Of the remouyng of clerkes concubines. cxiiii That in a church the son not succeed the father. Folio. cxiiii. Of the receivers of thieves. cxv. That monks abstain from the eating of flesh. Folio. cxv. Of archedeacons. cxvi. Of the reformation of peace & concord. cxvi. Of the office of archbyshops & byshops cxvii That causes of matrimony be not committed to unlearned iudges. Folio. cxvii. Of the oath of cavillation or quarellyng. cxviii Of the office of proctors. cxviii. Of the executing of citations. cxviii. what letters ar called false & the pain of thē that presume to use them. cxix. Of authentic seals and of their custody. Folio. cxix. Of the oath of advocates. & c̄. cxx. ¶ Here endyth the Table of the constitutions of Otho. ¶ Here begynnyth the Table of Octobone. proem. Folio. cxxii. Of baptism. cxxiii. That for ecclesiastical sacramentes nothing be asked. Folio. cxxiiii. Of the consecration and reformation of the church state. cxxv. Of clerkes that were weapons. ccxxvi. Of the habit of clerkes. cxxvii. That clerkes excercyse not worldly jurisdictions. Folio. cxxx. That clerkes be not advocates in causes secular, nor iudges, nor assysters. cxxx. Of concubinaryes, that is to say of them that keep concubines. cxxxi. Of the residence of vycars and their institucyon. Folio. cxxxii. Of them that be intruded. cxxxiiii. That one church be not diuyded into many personages. Folio. cxxxvi. Of the halers & drawers out of men, which flee unto chyrches or their lyttons, & of them which take away any thing contrary to the wills of the ecclesiastical lords from their houses, manners, or graynges. clviii. That no man withstand or let matrimony to be solempnyzed in face of the church. clix. Of the execution of testaments. clix. That prelates may not receive the fruits of vacant chyrches. Folio. clx. Of oblations in chapels to be restored unto the mother church. clxi. Of the church houses to be repaired. clxi. Of procurations which be due by reason of visitation not to be received by the archdeacon or other inferior prelate but when they visit. Folio. clxii. That no money pain be received of the subjects for a fault notoryouse & openly known Folio. clxii. That spiritual benefices be not set to ferme Folio. clxiii. Of the residence of archbyshopes & byshops. Folio. clxiiii. Of approbations of chyrches not to be made. Folio. clxv. Of the goods of them that die intestate. Folio. clxvi. Of the delegatye or commyttynge of cause. Folio. clxvi. Of the form of cytynge. clxvi. Of the oaths of advocates. clxvii. That the judge may not hinder or let the peace or concord of the parties. clxviii. Of public and open absolution. clxviii. Of institucions or collations. clxviii. Of commendams of chyrches. clxxi. Of the confirmation of byshops. clxxiii. Of them that give up their benefices at the time of election & afterward receive them again if it happen not thē to be chosen. clxxiii. Of them that make pactions with the presented. Folio. clxxiiii. That worldly matters be not done in chyrches. Folio. clxxiiii. That procession be made for the kings peace folio. clxxv. Of the constitutions to be read every year. 176. Of monks and chanons regular & nunnes. Folio. clxxvii. Of the profession of nouicyes. clxxvii. That the constitutions of holy heygh bishops be read. Folio. clxxviii. Of monks propryetaries and of other religyouse. Folio. clxxviii. That there be no money given to religious persons for their raiment, and other necessaries for their living. clxxix. That monks continue not alone in manners or chyrches. clxxix. That monks deliver not to other monks manners to term. clxxix. Of the eating of flesh. clxxx. That in the refectory no religious may use vessels more precious then other their brethren. Folio. clxxx. Of them that be sick. clxxx. That in the re●ectorye there remain always two partes of the covent. clxxxi. That no religious persons sell or assign to other liveries. clxxxi. That the old number of religious persons be kept and reserved. clxxxi. Of the accounts to be made of administration. Folio. clxxxii. That religious persons neither bye nor sell. Folio. clxxxii. That nunnes pass not certain places. Folio. clxxxii. That religious persons often confess and often celebrate. folio. clxxxiiii. ¶ Here endyth the Table of the constitutions of Octobone.