communion in any private house except it be in times of necessity when any being either so impotent as he cannot go to the Church or very dangerously sick are defirous to be partakers of that Holy Sacrament under pain of suspension for the first offence and Excommunication for the second Provided that houses are here reputed for private houses wherein are no Chappels dedicated and allowed by the Ecclesiastical laws of this Realm And provided also under the pain before expressed that no Chaplains do preach or administer the Communion in any other places but in the Chappels of the said houses and that also they do the same very seldome upon Sundays and Holy-days So that both the Lords and masters of the said houses and their families shall at other times resort to their own Parish Churches and there receive the Holy Communion at the least once every year XXII Ministers not to hold private Conventicles FOrasmuch as all Conventicles and secret meetings of Priests and Ministers have been ever justly accounted very hurtfull to the state of the church wherein they live We do now ordain and constitute that no Priests or ministers of the word of God nor any other persons shall meet together in any private house or elsewhere to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the impeaching or depraving of the Doctrine of the Church of Ireland or of the Book of Common prayer or of any part of the Government and Discipline now established in the Church of Ireland under pain of Excommunication XXIII Of Ordering Ecclesiastical Jurisdiction NO Archbishop Bishop or other person whatsoever having Ecclesiastical Jurisdiction shall appoint constitute make and confirm any Chancellor Commissary or Official for longer time than their own incumbency except he be of the full age of twenty six years at least and one that is learned in the civil and ecclesiastical laws and is at the least a master of Arts or Batchelor of law and is reasonably well practised in the course thereof Neither shall they let their Jurisdictions to farm or grant or confirm to any man the next second or third advowson of any Prebend or Benefice being in their gift And if they shall make or confirm any such Grant or Patent of the place of Chancellor Commissary or Official for longer term than during their Incumbency to any that is not qualified as is hereby required then the said person so accepting the said Patent or Grant is to be held and declared uncapable thereof to all intents whatsoever Lastly the said Archbishops and Bishops shall provide that the clergy and people be not burdened with unjust exactions by their servants and Officers in their Visitations And that neither the Archbishops therein shall charge their Suffragans nor the Bishops their clergy with any Noctials or Refections over and above their ordinary procurations reserving notwithstanding unto the Archbishops in their Visitations the Refections usually heretofore received in those Diocesses where the same procurations are not received by them which are yearly paid by the clergy unto their Bishops And that no Archbishop or Bishop shall demand from the Executors or Administrators of any of their clergy any Heriots or Mortuaries as in some place of this Kingdom heretofore hath been accustomed XXIV Of ordering the Revenues of Ecclesiastical persons NO Archbishop Bishop Dean and Chapter or Dignitary shall in any wise diminish the ancient Revenues of their Sees or Churches nor alienate their Lands in Fee-farm nor destroy their woods nor give power to their Tenants to make wast thereof nor by any devise demise their Mensal or Demeasne Lands unless it be to their Curates actually discharging the said cures without forty days absence in any one year and to them for no longer time or term than during their own Incumbency Neither shall they joyn with any Dignitary Prebend or other Beneficiary or Beneficiaries to confirm the Leases or alienations made or to be made by him or them of any Ecclesiastical profits or obventions And the said Archbishops and Bishops shall carefully provide that all Churches Chancels and Manse houses the repair whereof properly belongeth to them or any of them or to any other Ecclesiastical person or persons be from time to time preserved from ruine and decay XXV Of Archdeacons EVery Archdeacon which hath authority to visit either by common right or by prescription shall visit the precinct of his Jurisdiction once every year in his own person and he shall not substitute any to be his Official but such a one as hath been brought up in the University and hath studied the civil law if such a one may be had being able not only in learning but also with gravity and modesty to discharge that Office XXVI Residence of Deans in their Churches EVery Dean Master or Warden or chief Governor of any Cathedral or Collegiate Church shall be resident in his said Cathedral or collegiate Church fourscore and ten days conjunctim aut divisim in every year at least so that they have houses or ground to build houses upon belonging to their Churches and then shall continue there in preaching of the word of God and keeping good hospitality evcept he shall be otherwise letted with weighty and urgent causes to be approved by the Bishop of the Diocess And when he is present he with the rest of the Canons or Prebendaries resident shall take special care that the Statutes and laudable customs of their Church not being contrary to the word of God or Prerogative Royal the Statutes of this Realm being in force concerning Ecclesiastical Orders and all other constitutions now set forth and confirmed by His Majesties Authority and such as shall be lawfully enjoyned by the bishop of the Diocess in his Visitation according to the Statutes and customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed And that the petty canons Vicars chorals and other Ministers of their church be urged to the study of the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin XXVII Deans and Prebendaries to preach during their residence THe Dean Master Warden or other chief Governor Prebendaries and canons in every cathedral and collegiate church shall not only Preach there in their own persons so often as they are bound by â—aw Statute Ordinance or custome but shall likewise preach in other churches of the same Diocess where they are resident and especially in those places whence they or their churches receive any yearly rents or profits And in case they themselves be sick or lawfully absent they shall substitute such licensed preacher to supply their turns as by the bishop of the Diocess shall be thought meet to preach in cathedral churches And if any other wise neglect or omit to supply his course as is aforesaid the offender shall be punished by
not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church tranquillity of the Kingdom and their duties and sorvice unto Us their King and Soveraign In witness c. Constitutions AND CANONS ECCLESIASTICAL Treated upon by the Archbishops and Bishops and the rest of the Clergy of Ireland and agreed upon by the Kings Majesties licence in their Synod begun and holden at Dublin Anno Domini 1634. and in the year of the Reign of our Soveraign Lord Charles by the Grace of God King of Great Brittain France and Ireland the Tenth I. Of the agreement of the Church of England and Ireland in the profession of the same Christian Religion FOR the manifestation of our agreement with the church of England in the confession of the same christian faith and the doctrine of the Sacraments We do receive and approve the book of Articles of Religion agreed upon by the Archbishops and Bishops and the whole clergy in the convocation holden at London in the year of our Lord God 1562. for the avoiding of diversities of opinions and for the establishing of consent touching true Religion And therefore if any hereafter shall affirm that any of those Articles are in any part superstitious or erroneous or such as he may not with a good conscience subscribe unto let him be excommunicated and not absolved before he make a publick revocation of his errour II. The Kings supremacy in causes Ecclesiastical to be maintained ALl Ecclesiastical persons having cure of souls and all other Preachers and Readers of Divinity lectures shall to the uttermost of their wit knowledge and learning purely and sincerely without any colour or dissimulation teach manifest open and declare four times every year at the least in their Sermons and other collations and lectures That all usurped and sorrain power forasmuch as the same hath no establishment nor ground by the law of God is for most just causes taken away and abolished and that therefore no manner of obedience or subjection within his Majesties Realms and Dominions is due unto such forreign power but that the Kings power within his Realm of Ireland and all other his Dominions and Countries is the highest power under God to whom all men as well Inhabitants as born within the same do by Gods laws owe all loyalty and obedience and to no other forreign power and potentate in the earth And whosoever shall hereafter maintain that the Kings-Majesty hath not the same authority in causes Ecclesiastical that the godly Kings had amongst the Jews and Christian Emperours in the Primitive Church or impeach in any part his Regal supremacy in the said causes restored to the Crown and by the laws of this Realm therein established let him be excommunicated and not restored but only by the Archbishop of the Province after his repentance and publick revocation of his errour III. Of the prescript form of Divine Service contained in the book of Common Prayer THat form of Liturgy or Divine Seâ—vice and no other shall be used in any Church of this Realm but that which is established by the law and comprised in the book of Common-Prayer and administration of Sacraments And if any one shall preach or by other open words declare or speak any thing in the derogation or despising of the said book or of any thing therein contained let him be excommunicated and not restored until he repent and publickly revoke his errour IV. Of the form of consecrating and ordering Archbishops Bishops c. and of the churches established according to that order THat form of ordination and no other shall be used in this Church but that which is contained in the book of Ordering Bishops Priests and Deacons allowed by authority and hitherto practised in the Churches of England and Ireland And if any shall affirm that they who are consecrated or ordered according to those rites are not lawfully made nor ought to be accounted either Bishops Priests or Deacons or shall deny that the Churches established under this government are true Churches or refuse to joyn with them in christian profession let him be excommunicated and not restored until he repent and publickly revoke his errour V. Authors of Schisme and maintainers of Conventicles censured WHosoever shall separate themselves from the communion of Saints as it is approved by the Apostles rules in the Church of Ireland and combine themselves rogether in a new brotherhood accounting the christians who are conformable to the doctrine government rites and ceremonies of the Church of Ireland to be prophane and unmeet for them to joyn with in christian profession or shall affirm and maintain that there are within this Realm other meetings assemblies or congregations than such as by the laws of this Land are held and allowed which may rightly challenge to themselves the name of true and lawful Churches let him be excommunicated and not restored until he repent and publickly revoke his errour VI. Due celebration of Sundayes and Holy-dayes ALl manner of persons shall celebrate and keep the Lords day commonly called Sunday and other Holy-dayes according to Gods holy will and pleasure and the orders of this Church that is in hearing the word of God read and taught in private and publick prayers in acknowledging their offences to God and amendment of the same in reconciling themselves charitably to their neighbours where displeasure hath been in oftentimes receiving the Communion of the Body and Blood of Christ in visiting the poor and fick using all godly and sober conversation VII The prescript form of Divine Service to be used on Sundayes and Holy-dayes with all decency and due reverence EVery Sunday and Holy-day the Parsons Vicars and Curates shall celebrate Divine Service at convenient and usual times of the day and in such place of every Church as the Bishop of the Diocess or Ecclesiastical Ordinary of the place shall think meet for the largeness or straitness of the same so as the people may be most edified All Ministers likewise shall use and observe the Orders Rites Ornaments and Ceremonies prescribed in the book of Common prayer and in the Act for Uniformity printed therewith as well in reading the holy Scriptures and saying of prayers as in administration of the Sacraments without either diminishing in regard of preaching or in any other respect or adding any thing in the matter or form thereof And in Cathedral and Collegiate Churches all Deans Masters and Heads of Collegiate Churches Canons and Prebendaries being Graduates shall daily at the times both of Prayer and Preaching wear with their Surplices such Hoods as are agreeable to their degrees No man also shall cover his head in any Church or Chappel in the time of Divine Service except he have some infirmity in which case he may wear a night-cap or coise Neither shall any person be otherwise at such times
to perform all the said duties in such manner and sort as before is prescribed XIV Ministers not to refuse to Christen er bury NO Minister shall refuse or delay to christen any childe according to the form of the book of Common prayer that is brought to the Church to him on Sundayes or Holy-dayes to be christened or to bury any Corps that is brought to the Church or church-yard convenient warning being given to him thereof before in such manner as is prescribed in the said book of common prayer And if he shall refuse to christen the one or bury the other except the party deceased were denounced excommunicated majori excommunicatione for some grievous and notorious crime and no man able to testifie of his repentance he shall be suspended by the Bishop of the Diocess from his Ministery by the space of three months XV. Ministers not to defer christening if the child be in danger IF any Minister being duely without any manner of collusion informed of the weakness and danger of death of any Infant unbaptized in his Parish and thereupon desired to go or come to the place where the said Insant remaineth to baptize the same shall either wilfully refuse so to do or of gross negligence shall so defer the time as when he might conveniently have resorted to the place and have baptized the said Infant it dyeth through such default unbaptized The said minister shall be suspended for three months and before his restitution shall acknowledge his fault and promise before his Ordinary that he not wittingly incurr the like again Provided that where there is a Curate or a Substitute this constitution shall not extend to the Parson or Vicar himself but the Curate or Substitute present XVI Fathers not to be Godfathers in baptism nor Children not communicants NO Parent shall be urged to present nor be admitted to answer as Godfather for his own child nor any Godfather or Godmother shall be suffered to make any other answer or speech than by the book of Common Prayer is prescribed in that behalf Neither shall any person be admitted Godfather or Godmother to any childe at christening or confirmation before the said person so undertaking hath received the holy communion XVII Confirmation or laying hands upon children to be performed by the Beshop once in three years EVery Minister that hath cure and charge of Souls for the better accomplishing of the Orders prescribed in the book or common prayer concerning confirmation shall take such special care as that none may be presented to the Bishop for him to lay his hand upon but such as can render an account of their saith according to the catechism in the said book contained The Bishop also in his own person every third year at least in the time of his Visitation shall perform that duty of confirmation or if in that year by reason of some infirmity he be not able personally to visit his Diocess he shall not omit to do it the next year after as he may conveniently And whensoever the time shall by him be assigned every such Minister shall use his best endeavour to prepare and make able and likewise to procure as many as he can to be then brought to be confirmed XVIII Of the receiving of the holy Communion IN every Cathedral and Collegiate Church at least once every moneth and in every Parish Church and Chappel where Sacraments are to be administred within this Realm the holy communion shall be ministred by the Parson Vicar or Minister so often and at such times as every Parishioner may communicate at the least thrice in the year whereof the Feast of Easter to be one according as they are appointed by the book of common prayer And that no minister when he celebrateth the communion shall wittingly administer the same to any but such as kneel Provided that every minister as often as he administreth the communion shall first receive the Sacrament himself Furthermore no bread nor wine newly brought shall be used but first the words of Institution shall be rehearsed when the said bread and wine be presented upon the communion Table Likewise the minister shall deliver both the bread and wine to every communicant severally XIX Warning to be given before hand for the Communion WHereas every Lay person is bound to receive the holy communion thrice every year and many notwithstanding do not receive that Sacrament once in a year We do require every minister to give warning to his Parishioners publickly in the Church at morning prayer the Sunday before every time of his administring the holy Sacrament for the better preparation of themselves Which said warning we enjoyn the said Parishioners to accept and obey under the penalty and danger of the law And the minister of every Parish and in Cathedral and Collegiate Churches some principal minister of the Church shall the afternoon before the said administration give warning by tolling of the Bell or otherwise to the intent that if any have any scruple of conscience or desire the special ministery of reconciliation he may afford it to those that need it And to this end the people are often to be exhorted to enter into a special examination of the state of their own souls and that finding themselves either extream dull or much troubled in mind they do resort unto Gods ministers to receive from them as well advise and counsel for the quickning of their dead hearts and the subduing of those corruptions whereunto they have been subject as the benefit of absolution likewise for the quieting of their consciences by the power of the Keys which Christ hath committed to his ministers for that purpose XX. Notorious offenders not to be admitted to the Communion NO minister shall in any wise admit to the receiving of the holy communion any of his cure or flock which be opeâ—ly known to live in sin notorious without repentance Nor any who have maliciously and openly contended with their Neighbours until they shall be reconciled Nor any Church-wardens or Sidemen who having taken their Oaths to present to their Ordinaries all such publick offences as they are particularly charged to inquire of in their several Parishes shall notwithstanding their said Oaths and that their faithful discharging of them is the chiefest means whereby publick sins and offences may be reformed and punished wittingly and willingly desperately and irreligiously incurre the horrible crime of perjury either in neglecting or refusing to present such of the said enormities and publick offence as they know themselves to be committed in their said Parishes or are notoriously offensive to the Congregation there although they be urged by some of their Neighbours or by their minister or by their Ordinary himself to discharge their consciences by presenting of them and not to incur so desperately the said horrible sin of perjury XXI Ministers not to preach or administer the Communion in private houses NO Minister shall Preach or administer the Holy
signified by the said Minister Vicar or Parson to the Bishop of the Diocess to be by him approved And if the Parson Vicar or Curate shall fail to make choice of such a man and present him to the Bishop to be by him allowed by the space of forty dayes after the vacancy in such case the Bishop shall have power to nominate and appoint a Clerk for that place And the said Clerk shall be of twenty years of age at the least and known to the said Parson Vicar or Minister to be of honest conversation and sufficient for his reading writing and also for his competent skill in singing if it may be And where the Minister is an English man and many Irish in the Parish such a one as shall be able to read those parts of the Service which shall be appointed to be read in Irish if it may be and the Clerks so chosen shall be resident and perform their duties in their own persons For which they shall receive their dâ—e wages without diminution at such times as have been accustomed And if any question do arise concerning the said custom or wages the Bishop of the Diocess shall set an order therein LXXXVII The choice of churchwardens and their accompt ALl Churchwardens or Questmen in every Parish shall be chosen on Monday or Tuesday in Easter week by the joynt consent of the Minister and the Parishioners if it may be but if they cannot agree upon such a choice then the Minister shall choose one and the Parishioners another and without such a joynt or several choice none shall take upon them to be Churchwardens neither shall they continue any longer than one year in that Office except perhaps they may be chosen again in like manner And upon the next consistory day after such election they shall take their Oath before the Bishop or his Chancellor and in case the Parish shall fail to joyn or elect as is aforesaid the Ordinary shall supply the defect And all Churchwardens at the end of their year or within a moneth after at the most shall before the Minister and Parishioners give up a just accompt of such mony as they have received and also what particularly they have bestowed in reparations and otherwise for the use of the Church And last of all going out of their Office they shall truly deliver up to the Parishioners whatsoever mony or other things of right belonging to the Church or Parish which remaineth in their hands that it may be delivered over by them to the next Churchwardens by Bill indented LXXXVIII The choice of Sidemen and their joynt Office with Churchwardens THe Churchwardens of every Parish and two or more discreet persons in every Parish to be chosen for Sidemen or assistants by the Minister and Parishioners if they can agree otherwise to be appointed by the Ordinary of the Diocess shall diligently see that all the parishioners duely resort to their Church upon all Sundayes and Holydayes and there to continue the whole time of Divine Service and none to walke or stand idle or talking in the Church-yard or Church-porch during that time But especially they shall see that in every meeting of the Congregation peace be well kept and that all persons excommunicated and so denounced be kept out of the Church during the time of Divine Service And all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due monition if they amend not they shall present them to the Ordinary of the place The choice of which persons viz. Churchwardens or Sidemen or Assistants shall be yearly made in Easter week LXXXIX The old Churchwardens to make their Presentments before the new be sworn THe Office of all Churchwardens and Sidemen shall be reputed ever hereafter to continue untill the new Church-wardens that shall succeed them be sworn which shall be the first court after Easter or according to the direction of the Ordinary which time so appointed shall alwayes be the time in every year or one of the two times when the Churchwardens and Sidemen of every Parish shall exhibit to their several Ordinaries the presentments of such enormities as have happened in their Parishes since the last presentments And this duty they shall perform before the newly chosen Churchwardens and Side-men be sworn And shall not be suffered to pass over the said presentments to those that are newly come into Office and are by intendment ignorant of such crimes under pain of those censures which are appointed for the reformation of such dallyers and dispensers with their own consciences and oaths XC The duty of Churchwardens touching such persons as are out of the Church in the time of Gods worship on Sundayes or Holy-dayes THe Churchwardens and their assistants shall warne Inholders Taverners Victuallers and Alehouse-keepers that they sell no meat or drink and that they receive none into their Tavern or Alehouse all the time wherein there is preaching or celebration of Divine Service upon Sundayes or Holy-dayes If any do contrary upon contempt or stubborness they shall present both him and them whom he received by name in the next visitation Also they shall see that none of those light wanderers in markets and pelting-sellers which carry about and sell Pins Points and other small trifles whom they call Pedlers set out their Wares to sale And that no Beggars or idle persons abide either in the Church-yard or near the Church all that time but shall cause them either to come in or to depart XCI Their duty touching those persons that are in the church at that time THey shall also see that in every meeting of the congregation peace be well kept and that none behave themselves rudely or disorderly in the church And to that end they shall warn the people that they bring not with them to the church Dogs Hawkes with bels or children which are not so nurtured as they can be kept quiet in their seats without running up and down Neither shall they suffer any person to disturb the Service or Sermon either by untimely ringing of bels or by walking talking laughing or any other noise which may hinder the Minister or offend the people And the names of all such as offend in this kinde they shall truly and personally present in the Ordinaries visitations XCII To keep the churches from being prophaned at all other times THey shall suffer no playes feasts banquets suppers church-ales drinkings exposing any wares to sale temporal coures or leets lay-juries Musters commissions other than for cause Ecclesiastical playing at ball or any other prophane usage to be kept in the church chappel or church-yard neither the bels to be rung either in the feast of all Souls or upon any Holy-dayes or Eves abrogated by the book of common prayer neither for moneths or twelve moneths minds or remembrances of the dead nor at any time at all
prohibited by the Bishop XCIII To see Churches and Church-yards kept in sufficient reparations THey shall take care and provide that the Churches be well and sufficiently repaired and so from time to time kept and maintained that the Windowes be well glazed and that the floores be kept paved plain and even and all things there in such an orderly and decent sort without dust or any thing that may be noisome or unseemly J as best becometh the house of God The like care they shall take that the church-yards be well and sufficiently repaired fenced and maintained with walls rayles and pales as have been in each place accustomed at their charge unto whom by law the same appertaineth XCIV To furnish all churches with things necessary for the celebration of Divine Service preaching and administration of the Sacraments THey shall provide in every church at the common charge of the Parish two books of common prayer one for the Minister and the other for the clerk with all convenient speed but at farthest within six moneths after the publishing of these canons And likewise the Bible of the last translation set forth in the time of King James of blessed memory And where all or the most part of the people are Irish they shall provide also the said books in the Irish tongue so soon as they may be had The charge of these Irish books being to be borne also wholly by the Parish They shall also at the same common charge provide a fit seat for the Minister to read Service in a comely and decent Pulpit to be set in a convenient place for the preaching of Gods word a Font of stone set in the ancient usual place for the ministration of baptism together with a fair Table to be placed at the East end of the church or chancel and a cup of Silver for the celebration of the Holy communion Which Table also shall stand covered in time of Divine Service with a carpet of Sikl or other decent stuffe thought meet by the Ordinary of the place if any question be made of it and with a fair linnen cloath at the time of the ministration as becometh that Table XCV To provide things fitting for every communion and to observe those that come or come not to the same LIkewise they shall at the charge of the Parish against the time of every communion with the advise and direction of the Minister provide a sufficient quantity of fine white bread and of good and wholsom Wine for the number of communicants that shall from time to time receive there which wine they shall cause to be brought to the communion Table in a clean and sweet standing pot or stoop of Pewter if not of purer mettal Also they shall mark as well as the Minister whether all and every of the Parishioners come so often every year to the holy communion as the laws and our constitutions do require and whether any strangers come often and commonly from other Parishes to their Church and shall shew their Minister of them least perhaps they be admitted to the Lords Table amongst others which they shall forbid and remit such home to their own Parish Churches and Ministers there to receive the communion with the rest of their own neighbours XCVI To provide a chest for Almes in every church THey shall provide and have within three moneths next after the publishing of these constitutions a strong chest with a hole in the upper part thereof to be provided at the charge of the Parish having three keys of which one shall remain in the custody of the Parson Viear or Curate and the other two in the custody of the churchwardens for the time being Which chest they shall set and fasten in the most convenient place to the intent the Parishioners may put into it the Almes for their poor neighbours And the Parson Vicar or curate shall diligently from time to time and especially when men make their Testaments call upon exhort and move their neighbours to conferr and give as they may well spare to the said chest declaring unto them that whereas heretofore they have been diligent to bestow much substance otherwise than God commanded upon superstitious uses now they ought at this time to be much more ready to help the poor and needy knowing that to relieve the poor is a sacrifice which pleaseth God and that also whatsoever is given for their comfort is given to Christ himself and is so accepted of him that he will mercifully reward the same The which Almes and devotion of the people the keepers of the keyes shall yearly quarterly or ofther as need requireth take out of the chest and distribute the same in the presence of most of the Parish or fix of the chief of them to be truly and faithfully delivered to their most poor and needy neighbours XCVII To abolish all Monuments of superstition MOreover they shall with the approbation of the Ordinary of the place see that all Rood-lofts in which wooden crosses stood all shrines and all coverings of shrines and all other Monuments of fained miracles pilgrimages idolatry and superstition be clean taken away and removed XCVIII None to teach School without licence and curates desirous to teach to be licenced before others IT shall not be lawfull for any to teach the Latine tongue or to instruct children either in publick Schoole or private house but such as shall be allowed by the Ordinary of the place under his hand and Seal being found meet as well for his learning and dexterity in teaching as for sober and honest conversation and also for right understanding of Gods true Religion saving to all Patrons and Founders of Schooles the right of nomination And in what Parish soever there is a Curate which is a Master of Arts or Bachellor of Arts or is otherwise well able to teach youth and will willingly so do for the better increase of his living and training of children in the principles of true Religion We will and ordain that the licence to teach Grammar shall be granted to none by the Ordinary of that place but only to the said Minister or Schoolemaster Provided alwayes that this constitution shall not extend to any Parish where there is a publick Schoole founded already In which case we think it not meet to allow any to teach Grammar but only him that is allowed for the said publick Schoole XCIX The duty of Schoolemasters ALl Schoolemasters and Ushers shall endeavour to train up the children committed to their charge in good learning civility and piety And in the latine tongue they shall teach the Grammar set forth in England by King Henry the eight and so continned ever since and none other They shall also teach such other books as shall be allowed and appointed by the Bishop of the Diocess Provided that according to the priviledge granted to the University near Duotin Logick and Philosophy shall not be taught in Grammar Schooles Provided also that none be admitted or licenced to be a Schoolemaster or Usher within this Kingdom unless he first by his subscription testifie his consent to the two first canons And also that every Archbishop and Bishop and other Ordinary having Ecclesiastical Jurisdiction shall by censures of the Church respectively compel all such as are subject to their Jurisdiction which do now teach Schoole or hereafter shall presume to teach Schoole not having testified their consent by subscription as aforesaid to desist from teaching of Schoole C. The authority of this National Synod established THis sacred Synod being the representative body of the Church of Ireland in the name of Christ and by the Kings authority lawfully assembled doth pronounce and decree that if any within this Nation shall despise and contemn the constitutions thereof being by the said Regal power ratified and confirmed or affirm that none are to be subject thereunto but such as were present and gave theirm voices unto them he shall be excommunicated and not restored untill he shall publickly revoke his error FINIS
Constitutions AND CANONS ECCLESIASTICAL Treated upon by the Archbishops and Bishops and the rest of the Clergy of IERLAND And agreed upon with the Kings Majesties Licence in their Synod begun at Dublin Anno Dom. 1634. And in the year of the Reign of our Soveraign Lord CHARLES by the grace of God King of Great Brittain France and Ireland the Tenth And published for the due Observation of them by His Majesties Authority under the Great Seal of IRELAND DVBLIN Printed by Benjamin Tooke Printer to the Kings most Excellent Majesty and are to be sold by Samuel Dancer in Castle street 1669. THE TABLE Of the Church of Ireland 1. OF the agreement of the church of England and Ireland in the profession of the same christian Religion 2. The Kings supremacy in causes Ecclesiastical to be maintained 3. Of the Prescript form of Divine service contained in the book of Common Prayer 4. Of the form of consecrating and ordering Archbishops Bishops c. and of the churches established according to that order 5. Anthors of schismes and maintainers of conventicles censured ¶ Of Divine Service preaching of the Word and Administration of the Sacraments 6. DVe celebration of Sundayes and Holy-dayes 7. The prescrip form of Divine service to be used on sundayes and holy-dayes with all decency and due reverence 8 Of the ordering of certain parts of the service 9 Beneficed Preachers being resident upon their livings to preach every sunday 10. No publick opposition between Preacâ—ers 11. Ministers to Catechize every Sunday 12. The people to be informed in the body of Christian Religion and reformed in their conversation 13. Preachers and Lecturers to read Divine Service and administer the sacraments twice a year at the least 14. Ministers not to refuse to Christen or Bury 15. Ministers not to defer christening if the child be in danger 16. Fathers not to be Godfathers in Baptism nor children not communicants 17. Confirmation or laying hands upon children to be performed by the Bishop once in three years 18. Of the receiving of the holy communion 19. Warning to be given before hand for the communion 20. Notorious offenders not to be admitted to the communion 21. Ministers not to preach or administer the communion in private houses 22. Ministers not to hold private conventicles ¶ Of Bishops Archdeacons Deans and Prebendaries 23 OF Ordering Ecclesiastical Jurisdiction 24. Of ordering the revennes of Ecclesiastical persons 25. Of Archdeacens 26. Residence of Deans in their Churches 27. Deans and Prebendaries to preach during their Residence 28. Prebendaries to be resident upon their benefices ¶ Of the Ordination function and charge of Ministers 29. FOur solemn times appointed for the making of Ministers 30. The titles of such as are to be made Ministers 31. The quality of such as are to be made Ministers 32. The examination of such as are to be made Ministers 33. Caution for Institution of Ministers into Benefices 34. Patrons of Ecclesiastical Benefices 35. Prevention of Symoniacal contract in those that are presented by them 36. Small Parishes to be united and residence enjoyned 37. Absence of Beneficed men and livings appropriated to be supplyed by Curats that are allowed Preachers 38. None to be Curats but allowed by the Bishop 39. Strangers not admitted to preach without Licence 40. Ministers to confer with Recusants 41. Ministers to visit the sick 42. Soberness of conversation and decency of apparel required in Ministers 43. Of Consecration of Churches 44. A Terrier of gleabe lands and other possessions belonging to Churches 45. Payment of Tythes 46. A Registry to be kept of Christnings Weddings and Burials ¶ Of Marriages and divorces 47. NOne to marry within the degrees prohibited 48. None to marry under XXI years without their Parents consent 49. Security to be taken at the granting of such Licences and under what conditions 50. Oaths to be taken for the conditions 51. An exception for those that are in Widowhood 52. Ministers not to marry any person without Bannes 53. No sentence for divorce to be given upon the sole confession of the parties 54. No sentence of divorce to be given but in open court 55. In all sentences for divorce bond to be taken for not marrying during each others life ¶ Of Ecclesiastical Courts and Jurisdiction 56. THe order of Jurisdictions to be kept 57. The restraint of double Quarrels upon the respite of Institution 58. Inhibitions not to be granted without the subscription of an Advocate 59. Inhibitions not to be granted until the Appeal be exhibited to the judge 60. Solemn denunciation of parties excommunicated 61. Notorious crimes and scandals to be certified into Ecclesiastical courts by presentments 62. Schismaticks to be presented 63. Not communicants at Easter to be presented 64. Ministers may present 65. Ministers and church-wardens not to be sued for presenting 66. church wardens not bound to present oftner than twice a year 67. Church wardens not to be troubled for not presenting oftner than twice a year 68. Convenient time to be assigned for framing presentments 69. None to be cited into Ecclesiastical courts by Process of Quorum nomina 70. Maturity required in proceeding 71. No sentence of deprivation or deposition to be prenounced against a Minister but by the Bishop 72. No Act to be sped but in open court 73. No court to have more than one Seal 74. Convenient places to be chosen for keeping of courts 75. Peculiar and inferiour courts to exhibit the original copies of Wills into the Bishops Registry 76. The quality and Oath of Judges and Surrogates 77. Proctors not to retain causes without the lawfull assignment of the parties 78. Proctors prohibited the Oath in animam domini sui 79. Proctors not to be clamorous in court 80. The Oath de calumniâ not to be refused 81. Abuses to be reformed in Registers 82. A certain rateof fees to all Ecclesiastical Officers 83. A table of the rates of fees to be set up in courts and Registries 84. The whole fees for shewing Letters of orders and other licences due but once in every Bishops time 85. The number of Apparators restrained ¶ Of Parish Clerks Church wardeus and Schoolmasters and their several duties 86. PArish clerks to be chosen by the Minister 87. The choice of church-wardens and their accompt 88. The choice of Sidermen and their joynt office with church-wardens 89. The old church-wardens to make their Presentments before the new besworn 90. The duty of church wardent touching such persons as are out of the church in the time of Gods worship on sundayes and Holy dayes 91. Their duty touching those persons that are in the church at that time 92. To keep the church from being prophaned at all other times 93. To see churches and church yards kept in sufficient reparation 94. To furnish all churches with things necessary for the celebration of Divine service Preaching and administration of the sacraments 95. To provide things sitting for every communion and to observe those that come
or come not to the same 96. To provide a chest for Alms in every church 97. To abolish all monuments of superstition 98. None to teach school without Licence and curates desirous to teach to be licenced before others 99. The duty of school masters ¶ Of the authority of the Synod 100. The Authority of this National synod established HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT CHARLES by the Grace of God King of England Scotland France and Ireland Desender of the faith c. To all men to whom these presents shall come greeting Whereas our Bishops Deans of our cathedral churches Arch-deacons chapters and colledges and the rest of the clergy within our Kingdom of Ireland were summoned and called by vertue of our writs directed to the Arch-bishops of the four several Provinces and bearing date the four and twentieth day of May in the teuth year of our Reign to appear before the said Arch-bishops in the cathedral church of St. Patricks Dublin upon the one and twentieth day of July then next ensuing then and there to treat and conclude upon certain high and urgent affairs in the said writs mentioned who did thereupon at the time appointed and in the said cathedral church of St. Patricks aforesaid assemble themselves and appear in convocation for that purpose according to the tenor of the said writs And whereas we for divers urgent and weighty occasions us thereunto moving of our especial grace certain knowledge and meer motion did by vertue of our prerogative royal and supream authority in causes Ecclesiastical give and grant by our Letters Patents under our Great Seal of Ireland bearing date the one and twentieth day of July in the teuth year of our Reign full power and authority unto the said Archbishops Bishops Deans Archdeacons chapters colledges and clergy of this Kingdom then assembled in convocation in the said cathedral church of St. Patrick that they from time to time during the Parliament then begun at Dublin might confer treat consult and conclude of and upon such Articles canons Orders Ordinances Statutes and constitutions Ecclesiastical as they shall think necessary fit and convenient for the honour and service of Almighty God and augmentation of his divine worship the rooting out of heresies and errours out of the Vineyard of Christ for the procuring of the good and quiet of the church and preservation of good government in causes Ecclesiastical and to the Jurisdiction of the church belonging as also to make and set down ordinances and decrees to have such force and effect as other canons and constitutions of the church have and the same our royal assent being thereunto first had and obtained to set forth and publish freely and lawfully and that as well the Archbishops and Bishops and all other inferiour persons whom it may concern should yield due obedience thereunto as in and by our said letters Patents more at large it doth and may appear Forasmuch as the said Archbishops Bishops Deans Archdeacons chapters and colledges with the rest of the clergy of this Kingdom having met together at the time and place before mentioned and then and there by vertue of our said authority granted unto them have treated of concluded and agreed upon certain canons orders ordinances and constitutions to the end and purpose by Us limited and prescribed unto them and have thereupon offered and presented the same unto Us most humbly desiring Us to give our royal assent unto their said canons orders ordinances and constitutions according to the form of a certain Statute or Act of Parliament made in that behalf and by our said Prerogative royal and supream authority in causes Ecclesiastical to ratifie by our letters Patents under our Great Seal of Ireland and to confirm the said canons being one hundred in number and contained in a book Entituled Constitutions and Canons Ecclesiastical treated upon by the Archbishops and Bishops and the rest of the Clergy of Ireland and agreed upon with the Kings Majesties licence in their Synod begun at Dublin Anno Domini 1634. and in the year of the Reign of our Soveraign Lord CHARLES by the grace of God King of Great Brittain France and Ireland the Tenth which book is remaining with John Forth Clerke of the upper house of Convocation We of our Princely inclination and royal care for the maintenance of the present estate and government of the church of Ireland by the laws of this our Realm now setled and established having diligently with great contentment and comfort read and considered of all these their said canons orders ordinances and constitutions agreed upon as is before expressed and finding the same such as we are perswaded will be very profitable not only to our elergy but to the whole church of this our Kingdom and to all the true members of it if they be well observed Have therefore for us our Heirs and lawfull Successors of our especial grace certain knowledge and meer motion by the advice and consent of our right trusty and right well beloved cousin à nd Councellour Thomas Visecunt Wentworth our Deputy general of our said Kingdom of Ireland and President of our council established in the North parts of our Kingdom of England given and by these presents do give our royal assent according to the form of the said Statute or Act of Parliament aforesaid to all and every the said canons orders ordinances and constitutions and all and every thing in them contained And furthermore we do not only by our said Prerogative royal and supream authority in causes Ecclesiastical ratifie confirm and establish by these our letters Patents the said canons orders ordinances and constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and stâ—aightly enjoyn and command by our said authority and by these our letters Patents the same to be diligently observed executed and equally kept by all our loving Subjects of this our Kingdom in all points wherein they do or may concern every or any of them according to this our will and pleasure hereby signisied and expressed And that likewise for the better observation of them every Minister by what name or title soever he be called shall in the Parish Church or chappel where he hath charge read all the said canons orders ordinances and constitutions once every year upon some Sundayes or Holy-dayes in the afternoon before divine service dividing the same in such sort as that the one half may be read one day and the other another day The book of the said canons to be provided at the charge of the Parish betwixt this and the Feast of Easter next ensuing Straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiastical Jurisdiction within this Realm every man in his place to see and procure so much as in them lyeth all and every of the same canons orders ordinances and constitutions to be in all points duly observed
busied than in quiet attendance to hear marke and understand that which is read preached or ministred using all such reverent gestures and actions as by the book of Common Prayer are prescribed in that behalf and the commendable use of this Church received and not departing out of the Church during the time of Service and Sermon without some urgent or reasonable cause VIII Of the ordering of certain parts of the Service ALso the Minister reading the lessons Epistle and Gospel and the Ten commandements and such other parts of Divine service as do greatly tend to the edifying of the people shall so place himselt and so turn him to the people as they may best hearken thereunto and be edified by the same And every Beneficiary and Curate shall endeavour that the confession of sinns and absolution and all the second service at or before the communion to the Homily or Sermon where the people all or most are Irish shall be used in English first and after in Irish if the Ordinary of the place shall so think meet IX Beneficed Pâ—eachers being resident upon their livings to preceh every Sunday EVery beneficed man allowed to be a Preacher and residing on his benefice having no lawful impediment shall in his own cure preach one Sermon every Sunday of the year And therein he shall reach no vain opinions no Heâ—esies nor Popish errors disagreeing from the Articles of Religion generally received in the Churches of England and Ireland nor any thing at all whereby the people may be stirred up to the desire of novelties or contention but shall soberly and sincerely divide the Word of truth to the glory of God and to the best edification of the people X. No publick opposition between Preachers IF any Preacher shall in the Pulpit particularly or namely of purpose impugne or confute any doctrine delivered by any other Preacher in the same Church or in any other near adjoyning or otherwise make any publick opposition unto him before he hath acquainted the Bishop of the Diocess therewith and received order from him what to do in that case because upon such publick dissenting and contradicting there may grow much offence and disquieting to the people the Church-wardens or party grieved shall forthwith signifie the same to the said Bishops and not suffer the said Preacher any more to occupy that place which he has once abused except he faithfully promise to forbear all such matter of contention in the Church until the Bishop hath taken further order therein who shall with all convenient speed so proceed therein that publick satisfaction may be made in the congregation where the offence was given Provided that if either of the parties offending do appeal he shall not be suffered to preach pendente lite XI Ministers to catechize every Sunday EVery Parson Vicar or Curate upon every Sunday before Evening Prayer shall for half an hour or more examine and instruct the youth and ignorant persons of his Parish in the Ten commandements the Articles of the belief and in the lords prayer and shall diligently hear and instruct and teach them the catechisme set forth in the book of Common prayer And all Fathers Mothers Masters and Mistresses shall cause their children Servants and Apprentises which have not learned the catechism to come to Church at the time appointed obediently to hear and to be ordered by the Minister until they have learned the same And if any Minister neglect his duty herein let him be sharply reproved upon the first complaint and true notice thereof given to the Bishop or Ordinary of the place If after submitting himself he shall wilsully offend therein again let him be suspended If so the third time there being little hope that he will be therein reformed then excommunicated and so remain until he will be reformed And likewise if any of the said Fathers Mothers Masters or Mistresses children servants or apprentices shall neglect their duties as the one sort in not causing them to come and the other in refusing to learn as aforesaid let them be suspended if they be not children and if they so persist by the space of a moneth let them be excommunicated Neither shall the Minister admit any to be married or to be Godfathers or God mothers at the Baptism of any childe or to receive the holy communion before they can say the Articles of the belief the Lords Prayer and the commandements in such a language as they understand XII The People to be informed in the body of Christian Religion and reformed in their conversation FOr the better grounding of the People in the Principles of christian Religion We ordain that the heads of the catechism being divided into so many parts as there are Sundayes in the year shall be explained to the people in every Parish church In the handling whereof the Ministers and Curates are to use such moderation that they do not run into curious questions or unnecessary controversies but shortly declare and confirm the doctrine proposed and make application thereof to the behoof of the hearers The Ministers also in all their preachings and catechizings and private conferences when need requireth shall teach the people to place their whole trust and confidence in God and not in creatures neither in the Habit or Scapular of any Fryer or in hallowed Beads Medals Reliques or such like trumperies They shall do their endeavour likewise to root out all ungodly superstitious and barbarous customs as using of charms sorcery enchantments witchcrast or sooth saying and generally to resorm the manners of the people committed to their charge unto a christian sober and civil conversation XIII Preachers and Lecturers to read Divine Service and administer the Sacraments twice a year at the least EVery Minister being possessed of a benefice that hath cure and charge of Souls although he chiefly attend to preaching and hath a Curate under him to execute other duties which are to be performed for him in the Church and likewise every other stipendary Preacher that readeth any lecture or catechizeth or preacheth in any Church or Chappel shall twice at the least every year read himself the Divine Service upon two several Sundayes publickly and at the usual times both in the forenoon and afternoon in the Church which he so possesseth or where he readeth catechizeth or preacheth as is aforesaid and shall likewise as often in every year administer the Sacraments of Baptism if there be any to be baptized and of the Lords Supper in such manner and form and with the use and observation of all such Rites Ornaments and Ceremonies as are prescribed by the book of Common prayer and the Act for Uniformity printed therewith in that behalf which if he do not accordingly perform then shall he that is possessed of a benefice as before be suspended and he that is but a Reader Preacher or catechizer be removed from his place by the Bishop of the Diocess until he or they shall submit themselves
they know him to be sufficiently authorised thereto as is aforesaid And if any in his Serm on shall publish any doctrine either strange or disagreeing from the word of God or from the Articles of Religion generally received in the churches of England and Ireland they shall by their letters subscribed with some of their hands that heard him so soon as may be give notice of the same to the bishop of the Diocess that he may determine the matter and take such order therein as he shall think convenient XL. Ministers to confer with Recusants EVery Minister being a Preacher and having any Popish Recusant or Recusants in his Parish and thought fit by the bishop of the Diocess shall labour diligently with them from time to time thereby to reclaim them from their errors And if he be not a Preacher or not such a Preacher then he shall procure if he can possible some that are Preachers so qualified to take pains with them for that purpose If he can procure none then he shall inform the Bishop of the Diocess thereof who shall not only appoint some neighbour Preacher or Preachers adjoyning to take that labour upon them but himself also as his important affairs will permit him shall use his best endeavour by instruction perswasion and all good means he can devise to reclaim both them and all other within his Diocess so affected XLI Ministers to visit the sick WHen any person is dangerously sick in any Parish although they have not formerly resorted to the church the minister or curate having knowledge thereof shall resort unto him or her if the disease be not known or probably suspected to be infectious to instruct and comfort them in their distress according to the order of the communion book if he be no Preacher Or if he be a Preacher then as he shall think most needfull and convenient And when any is passing out of this life a bell shall be tolled and the minister shall not then slack to do his last duty And after the parties death if so it fall out there shall be rung no more but one short peal and one other before the burial and one after the burial XLII Soberness of conversation and decency of apparel required in Ministers NO Ecclesiustical persons shall at any time other than for their honest necessities so much as resort to any Taverns or Alehouses neither shall they board or lodge in any such places Further more they they shall not give themselves to any base or servile labour or to drinking or ryot spending their time idlely by day or by night nor shall they give themselves to playing at dice cards or tables or any other game unbeseeming their function but at all times convenient they shall hear or read somewhat of the holy Scriptures or shall occupy themselves with some other honest study or exercise alwayes doing the things which shall appertain to honesty and endeavouring to profit the church of God having alwayes in mind that they ought to excell others in purity of life and should be examples to the people to live well and christianly under pain of Ecclesiastical censures to be inflicted with se verity according to the qualities of their offences We do likewise constitute and appoint that Archbishops and Bishops shall not intermit to use the accustomed apparel of their degrees Likewise all Deans Masters of Colledges Archdeacons and Prebendaries in cathedral and collegiate churches being Priests or Deacons Doctors in Divinity Law and Physick Bachellors in Divinity Masters of Arts and bachellors of law having any Ecclesiastical living shall usually wear Gowns with slanding-collars and sleeves streight at the hands or wide sleeves as is used in the Universities with Hoods or Tippets of silk or sarcener and square caps in places and times convenient And that all other ministers admitted or to be admitted into that function shall also usually wear the like apparell as is aforesaid except Tippets only We do further in like manner ordain that all the said Ecclesiastical persons above mentioned shall usually wear in their journeys Cloaks with sleeves commonly called Priests-cloaks without guards welts long buttons or cuts And no Ecclesiastical persons shall wear any coyse or wrought night-cap but only plain night-caps of black silk Sattin or Velvet In all which particulars concerning the apparel here prescribed our meaning is to attribute any holiness or special worthiness to the said Garments but for decency gravity and order In private houses and in their studies the said persons Ecclesiastical may use any comely and Schollarlike apparel Provided that it be not cut or pinkt and that in publick they go not in their Dublet and hose without coats or cassocks And also that they wear not any light coloured Stockings XLIII Of consecrating of Churches AS often as Churches are newly built where formerly there were not or Church yards appointed for burial they shall be dedicated and consecrated Provided that the ancient churches and church-yards shall not be put to any base and unworthy use XLIV A Terrier of Gleabe-lands and other possessions belonging to Churches WE ordain that the Archbishops and all Bishops within their several Diocesses shall procure as much as in them lyeth that a true note and Terrier of all the Lands Gleabes Meadows Gardens Orchards Houses Stocks Implements Tenements and portions of Tythes and all rights whatsoever which are in possession or of right do belong to their several Sees or to any dignity Parsonage or Vicarage or rural Prebend within any of their Diocesses be taken by the view of honest men in every Parish by the appointment of the said Archbishops or Bishops whereof the Minister to be one and be laid up in their several Registries to the use of posterity And the Archbishâ—ps and bishops shall in their Visitations carefully provide that this canon be observed and that the said Terrier be renewed every ten years And no minister shall make a lease of his Gleabe-lands or of his benefice or the profits or means thereof above the term of three years at the uttermost saving unto all Patentees from His Majestie such power as is or he easter shall be granted to them in their Patents to demise their Gleabe or any part thereof XLV Payment of Tythes FOrasmuch as every man is bound to pay his Tythes no man shall by colour of duty omitted by their Curates detain their Tythes and so requite one wrong with another or be his own judge but shall truly pay the same as hath been accustomed to their Parsons Vicars and Curates without any restraint or diminution And for such lack and default as they can justly find in their Parson Vicars and Curates they shall seek for reformation to their Ordinaries and other Superiors who upon complaint and due reproof thereof shall reform the same accordingly XLVI A Registry to be kept of Christnings Weddings and burials IN every Parish church and chappel within this Realm shall be provided one parchment book
at the charge of the Parish wherein shall be written the day and year of every christning wedding and burial which shall be in the Parish from the time that this canon shall be established And for the safe keeping of the said book the Church-wardens at the charge of the Parish shall provide one sure coffer with three locks and keys whereof the one to remain with the minister and the other two with the church-wardens several So that neither the minister without the church-wardens nor the church-wardens without the minister shall at any time take that book out of the said coffer And henceforth upon every Sabbath-day immediately after morning and evening prayer the minister and church-wardens shall take the said parchment book out of the said coffer And the minister in the presence of the church-wardens shall write and Record in the said book the names of all persons christned together with the names and surnames of their Parents and also the names of all persons married and buried in that parish the week before by the minister or his curate and the day and the year of every such christening marriage and burial And that done they shall lay up the book in the coffer as before And the minister and churchwardens unto every page of that book when it shall be filled with such inscriptions shall subscribe their names And the churchwardens shall once every year within one moneth after the 25. day of March transmit unto the bishop of the Diocess or his chancellor a true copy of the names of all persons christened married or buried in their parish in the year before ended the said 25. day of March and the certain dayes and moneths in which every such christening marriage and burial was had to be subscribed with the hands of the said minister and churchwardens to the end the same may faithfully be preserved in the Registry of the said bishop which certificate shall be received without Fee And if the minister or churchwardens shall be negligent in the performance of any thing herein contained it shall be lawful for the Bishop or his chancellor to convent them and proceed against every of them as contemners of this our constitution XLVII None to marry within the degrees prohibited NO persons shall marry within the degrees prohibited by the laws of God and expressed in a Table set forth by authority in England in the year of our Lord God 1563. And all marriages so made and contracted shall be adjudged incestuous and unlawfull and consequently shall be dissolved as void from the beginning And the parties so married shall be by course of law separated And the aforesaid Table shall be in every Church publickly set up and fixed at the charge of the Parish XLVIII None to marry under XXI years without their Parents consent NO children under the age of XXI years compleat shall contract themselves or marry without the consent of their Parents or of their Guardians and Governours if their Parents be deceased XLIX Security to be taken at the granting of such licences to marry without publication of banns and under what conditions THe security mentioned shall contain these conditions First that at the time of the granting every such licence there is not any impediment of precontract consanguinity affinity or other lawfull cause to hinder the said marriage Secondly that there is not any controversie or suit depending in any court before any Ecclesiastical Judge touching any contract or marriage of either of the said parties with any other Thirdly that they have obtained thereunto the express consent of their Parents if they be living or otherwise of their Guardians or Governours Lastly that they shall celebrate the said matrimony publickly in the Parish church or chappel where one of them dwelleth and in no other place and that between the hours of eight and twelve in the sorenoon Neither in the time of Lent nor of any publick fast nor of the solemn festivities of the Nativity Resurrection and Ascension of our lord or of the Descension of the holy Ghost L. Oaths to be taken for the conditions FOr the avoiding of all fraud and collusion in the obtaining of such licences and dispensations We further constitute and appoint that be ore any licence for the celebration of Matrimony without publication of bannes be had and granted it shall appear to the Judge by the Oaths of two sufficient witnesses one of them to be known to the aforesaid Judge himself or to some other person of good reputation then present and known likewise to the said Judge That the express consent of the Parents or Parent if one be dead or guardians or guardian of the parties is thereunto had and obtained And furthermore that one of the parties personally swear that he believeth there is no let or impediment of precontract kindred or allyance or of any other lawfull cause whatsoever nor any suit commenced in any Ecclesiastical court to bar or hinder the proceeding of the said Matrimony according to the Tenor of the aforesaid licence LI. An exception for those that are in Widdew-bood IF both the parties which are to marry being in Widdow hood do seek a faculty for the forbearing of Bannes Then the clause before mentioned requiring the Parents consent may be omitted but the Parishes where they dwell both shall be expressed in the licence as also the Parish named where the marriage shall be celebrated And if any having power to grant licence shall offend in the premisses or any part thereof he shall for every time so offending be suspended from the execution of his Office for the space of six moneths and every such licence or dispensation shall be held void to all effects and purposes as if there had never been any such granted and the parties marrying by vertue thereof shall be subject to the punishments which are appointed for Clandestine marriages LII Ministers not to marry any person without Bannes NO minister of what place soever nor under colour of any peculiar liberty or priviledge claimed to appertain to any Church or Chappel shall upon pain of deprivation if he be beneficed or degradation if he be not beneficed celebrate matrimony between any persons without a faculty or licence granted except the bannes of matrimony have been first published three several Sundays or holy dayes in the time of Divine service in the Parish churches and chappels wherein the said parties have dwelled by the space of three moneths before Neither shall any minister upon the like pain under any pretence whatsoever joyn any persons in marriage at any unseasonable times but only between the hours of eight and twelve in the forenoon nor in any private place but either in the said churches or chappels where one of them dwelleth and likewise in time of Divine service nor when Bannes are thrice asked before the parties and Governors of the parties to be married being under the age of 21. years shall either personally or by sufficient
due time punished and reformed Provided that for these voluntary presentments there be no Fee required or taken of them under the pain aforesaid LXVII Churchwardens not to be troubled for not presenting oftner than twice a year NO Churchwardens Questmen or Sidemen shall be called or cited but only at the said time or times before limited to appear before any Ecclesiastical Judge whosoever for refusing at other times to present any faults committed in their parishes and punishable by Ecclesiastical laws Neither shall they nor any of them after their presentments exhibited at any of those times be any further troubled for the same except upon manifest and evident proof it may appear that they did then wittingly and willingly omit to present some such publick crime or crimes as they knew to be committed or could not be ignorant that there was then a publick fame of them amongst divers honest and well reputed persons or unless there be very just cause to call them for the explanation of their former presentments In which case of wilfull omission their Ordinaties shall proceed against them in such sort as in causes of wilfull perjury in a Court Ecclesiastical is already by law provided LXVIII Convenient time to be assigned for framing presentments FOr the avoiding of such inconveniencies as heretofore have happened by the hasty making of Bills of presentments upon the dayes of the Visitation and Synods it is ordered That alway hereafter every Chancellor Archdeacon Commissary and Official and every other person having Ecclesiastical Jurisdiction at the ordinary time when the Churchwardens are sworn and the Archbishops and Bishops when he or they do summon their Visitation shall deliver or cause to be delivered to the Church-wardens Questmen and Sidemen of every Parish or to some of them such books of Articles as they or any of them shall require for the year following the said Churchwardens Questmen and Sidemen to ground their presentments upon at such times as they are to exhibite them In which book shall be contained the form of the Oath which must be taken immediately before every such presentment To the intent that having before hand time sufficient not only to peruse and consider what their said Oath shall be but the Articles also whereupon they are to ground their presentments they may frame them at home both advisedly and truly to the discharge of their own consciences after they are sworn as becometh honest and godly men LXIX None to be cited into Ecclesiastical Courts by Process of Quorum nomina NO Bishop Chancellor Archdeacon Official or other Ecclesiastical Judge shall suffer any general Process of Quorum nomina to be sent out of his Court except the names of all such as are thereby to be cited shall be first expresly entred by the hand of the Register or his Deputy under the said Processes and the said processes and names be first subscribed by the Judge or his deputy and his seal thereto affixed And we further ordain that when any person appeareth upon citation whatsoever that if the next Court day after there be not Articles or a libell put in against him he shall then be dismissed with his costs LXX Maturity required in proceeding NO man for neglect of appearance shall be excommunicated for the first absence but shall be cited again upon the same Process And if he cannot be found nor afterwards appear upon viis medis then to be decreed Excemmunicandum fore Yet for preventing such neglect and that the party querelant may sustain no detriment hereby it is likewise ordered that in causes of instance upon the appearance of any such person he shall pay the charge past before he be admitted to stand Rectus in curiâ And in the end of every Court the names of those that are deereed shall be publickly read to the intent that they may avoid the danger of the fearfull sentence of Excommunication Which course also we ordain shall be holden with those that be already denounced excommunicate before the time of the signifying of their obstinacy to the end they and others may be admonished of the danger in which they stand and to the aggravation of their obstinacy if they continue in the same LXXI No sentence of deprivation or deposition to be pronounced against a Minister but by the Bishop WHen any Minister is complained of in any Ecclesiastical Court belonging to any Bishop for any crime the chancellor commissary Official or any other having Ecclesiastical Jurisdiction to whom it shall appertain shall expedite the cause by Processes and other proceedings against him and upon contumacy for not appearing shall first suspend him and afterward his contumacy continuing excommunicate him But if he appear and submit himself to the course of law then the matter being ready for sentence and the merits of his offence exacting by law either deprivation from his living or deposition from the Ministery no such sentence shall be pronounced by any person whosoever but only by the Bishop with the assistance of his chancellor the Dean if they may conveniently be had and some of the Prebendaries if the court be kept near the cathedral church or of the Archdeacon if he may be had conveniently and two other at the least grave Ministers and Preachers to be called by the Bishop when the court is kept in other places It is likewise ordered that no chancellor commissary Official or any other person shall exercise any Ecclesiastical Jurisdiction over a Minister in causes criminal except he himself have been admitted into the holy Orders of Priesthood LXXII No act to be sped but in open court NO Chancellor Commissary Archdeacon Official or any other person using Ecclesiastical Jurisdiction whosoever shall speed any judicial Act either of contentious or voluntary Jurisdiction except he have the ordinary Register of that Court or his lawfull Deputy or if he or they will not or cannot be present then such persons as by law are allowed in that behalf to write or speed the same under pain of suspension ipso facto LXXIII No Court to have more than one Seal NO Chancellor Commissary Archdeacon Official or any other exercising Ecclesiasticall Jurisdiction shall without the Bishops consent have any more than one seal for the sealing of all matters incident to his Office which Seal shall alwayes be kept either by himself or by his lawfull substitute exercising Jurisdiction for him and remaining within the Jurisdiction of the said Judge or in the City or principal Town of the county This seal shall contain the title of that Jurisdiction which every of the said Judges or their Deputies do execute LXXIV Convenient places to be chosen for keeping of courts ALl chancellors commissaries Archdeacons Officials and all others exercising Ecclesiastical Jurisdiction shall appoint such meet places for the keeping of their courts by the assignement or approbation of the Bishop of the Diocess as shall be convenient for entertainment of those who are to make their