trouve point soit en se cachant ou autre Collusion la Citation sera affichée à l'huis du Temple Paroissial d'icelle en cas qu'il n'ayt aucun Domicile ce en jour de Dimanche 49. S'il parvient aux oreilles du Doyen par Relation de gens de bien que quelqu ' un vit notoirement en quelque Scandale il en pourra avertir le Ministre les Surveillâ—ns de la Paroisse afin que s'en estant informés ils Presentent telles personnes qui meritent d'estre punies ou Censurées 50. Là où il constera de la faute commise par quelque Ministre le Doyen aprés Monition réitérée procédera à la Reformation par l'avis Consentement de deux Ministres jusqu'a Suspension Sequestration en cas que ledit Ministre demeure Refractaire le Doyen procédera par le Consentement de la plus part des Ministres presents en l'Isle jusqu'a Déprivation 51. On ne fera point de Commutation pour Pénitence sinon avec grande Circonspection ayant égard à la qualité des Personnes Circonstances des fautes Et sera la Commutation enregistrée ès Actes de la Court pour estre employée aux Pauvres usages pi eux dont Accomptes seront rendus selon ledit Registre 52. Aprés la premiere Defaute la Non-comparence de ceux qui seront derechef cités par Mandat sera reputée Contumace si estans cités par aprés en Péremptoire ils ne comparoissent on pourra procéder à l'encontre d'eux à l' Excommunication Que si dans le prochain jour de Court la Partie ne fait devoir d'obtenir Absolution on procédera à la Publication de la Sentence Mineure Excommunication laquelle sera delivrée au Ministre de la Paroisse pour en faire lecture à jour Solennel à l'oâ—ye de la plus part des Paroissiens assemblés lapartie persistant en son Endurcissement on procédera à la Majeure Excommunication qui forclost le Pécheur à Sacris Societate Fidelium Que si cette Censure ne sert pour l'induire à Obéissance se ranger dans le Terme de 40 jours alors le Doyen parson Certificat authentique donnera Avertissement au Bailly Jurétz de ladite Contumace les requerra en Assistance de sa Jurisdiction de le faire saisir par les Officiers Civils pour le rendre Prisonnier en Détention Corporelle jusqu'a ce quil se soit submis obligé d'obtemperer à l'Ordonnance de l'Eglise devant qu'estre Absous sera tenu de payer les frais Coustages de la poursuite de la Cause 53. En Causes de Paillardise sur la Presentation des Surveillans avec les Probabilités commun Bruit Scandale Presumptions à ce requises la partie sera sujette de subir le Serment de sa Purgation ou autrement sera tenu pour Convaincu 54. En cas d'Adultére à l'Instance de Partie on y procédera meurement par bonnes preuves Informations pour avoir Evidence du faict objecte le sujet Preuve du fait le requerant on pourra conclurre jusqu'a Séparation à Thoro Mensâ 55. Là où il y aura Calomnie ou Diffamation prouvée on fera Recognoissance des Injures selon l'Exigence du cas pourveu que l'Action ne soit prescrite par lapse de temps d'un an entier pourveu que le sujet de l'Action soit de Crimes Ecclesiastiques cy devant Specifiés Des Appellations 56. Les Appeaux en Causes Ecclesiastiques seront oûis définis par le Révérend Pére en Dieu l'Evesque de Winchestre en personne en cas de Vacance de ce Siége par le Trés Révérend Pére en Dieu l'Archvesque de Canterbury en personne 57. Tout Appels interjettera dans Quinze jours aprés Cognoissance de la Sentence sera la partie obligée de prendre exhiber tout le Procés Actes du Registre ou Rolles de la Court lesquels Actes aussy luy seront delivrés en forme temps convenable authentiqués sous le sceau de l'Office sera l'Appellant sujet de le poursuivre dans an jour aut Sententiae latae stare compellitur 58. Il ne sera licite d'Appeller qu'aprés Sentence Définitive de la Cause sinon pour ces deux égards ou quand l'Interlocutoire est telle qu'elle met fin à la Cause ou quand ladite Interlocutoire estant obéie elle apporte tel Damage irreparable à la partie qu'il ne peut estre amendé par Appel de la Définitive Of the King's Supremacy FIrst according to the Duty we owe to the King 's most Excellent Majesty it is ordained that the Dean and Ministers having Cure of Souls shall be obliged to the utmost of their Power Knowledge and Learning purely and sincerely without any Backwardness or Dissimulation to teach publish and declare as often as they may and as occasion shall offer it self that all forreign strange and usurped Power for as much as it has no ground in the Word of God is wholly for good and just Causes taken away and abolished and that therefore no manner of Obedience or Subjection within His Majesty's Kingdoms and Dominions is due unto any such Power But that the King's Power within his Kingdoms of England Scotland and Ireland and other his Dominions and Countries is the highest Power under God to which all Persons Natives and Inhabitants within the same do by God's Law owe Loyalty and Obedience before and above all other Power 2. Whosoever shall affirm and maintain that the King's Majesty hath not the same Authority in Causes Ecclesiastical which Godly Kings had among the Jews and Christian Emperors in the Primitive Church or shall in any manner of way impeach or obstruct the King's Supremacy in the said Causes Moreover whosoever shall affirm that the Church of England as it is established under the King's Majesty is not a true and Apostolical Church purely teaching the Doctrine of the Prophets and Apostles or shall impugne the Government of the said Church by Archbishops Bishops and Deans affirming it to be Anti-christian shall be ipso facto Excommunicated and not restored but by the Dean sitting in Court after his Repentance and publick Recantation of his Error Of Divine Service 3. It is injoyned unto all sorts of Persons to submit to the Divine Service contained in the Book of Common Prayers of the Church of England And for as much as concerns the Ministers they shall be obliged to observe with Uniformity the said Liturgy without Addition or Alteration And no Conventicle or Congregation shall be suffered to make Sect apart or withdraw themselves from the Ecclesiastical Government established in the Island 4. The Lord's Day shall be sanctified by the Exercises of publick
countenanced and encouraged by the Governor who whether out of Inclination or Affectation of Popularity or which I rather think the hope of adding to his Government the Revenue of the suppressed Deanry favoured that Party They possessed themselves of the Parish Church of St. Helier where the Sieur de la Ripaudiere a French Minister preached and gave the Sacrament after the manner of Geneva and soon after a solemn Deputation was made to the Queen for leave to have all the other Churches in the Island modell'd after that way This the Queen denied allowing them only that Church of which they were possessed and strictly Commanding that Form and Order of Service which was set forth within her Realm to be continued in the Residue of the Parishes of this Isle as appears from the following Letter sent by the Council to the Bailly and Jurats bearing Date Aug. 7. 1565. After our very hearty Commendations unto you Whereas the Queen's Most Excellent Majesty understandeth that the Isles of JARSEY and Guernezey have anciently depended on the Diocese of Constance and that there be certain Churches in the same Diocese well Reformed agreably throughout in Doctrine as it is set forth in this Realm Knowing therewith that you have a Minister who ever since his Arrival in JARSEY hath used the like Order of Preaching and Administration as in the said Reformed Churches or as it is used in the French Church at London Her Majesty for divers Respects and Considerations moving her Highness is well pleased to admit the same Order of Preaching and Administration to be continued at St. Helier's as hath been hitherto accustomed by the said Minister Provided always that the Residue of the Parishes in the said Isle shall diligently put apart all Superstitions used in the said Diocese and so continue there the Order of Service ordained and set forth within this Realm with the Injunctions necessary for that Purpose wherein you may not fail diligently to give your Aids and Assistance as best may serve for the Advancement of God's Glory And so fare you well From Richmond the 7th Day of August Anno 1565. Signed N. Bacon R. Leicester R. Rogers Will. Northampton Gul. Clynton Fr. Knolls Will. Cecil Notwithstanding this Letter all the other Churches in the Island soon followed the Example of that of St. Helier and the English Liturgy came to be generally disused This gave mighty Encouragement to the Puritans in England who hoped to draw great Advantages from it and indeed grew very insolent upon it To improve the Opportunity Cartwright and Snap those Two great Incendiaries of the English Church were sent into these Islands At whose coming a Synod of the Ministers and Elders of JERSEY Guernezey Serk and Alderney was Convened at the Town of St. Peter-Port in Guernezey June 28 1576. And there in Presence of both Governors a Form of Classical Discipline digested into twenty Chapters and each Chapter into several Articles was agreed on to be used from thenceforth in the four Islands Which Discipline was again confirmed in another Synod held at Guernezey the 11 12 13 14 15 and 17th Days of October 1597. It was a bold Step in the Governors not only to tolerate that unlawful Assembly but to countenance as they did all the Acts of it by their Presence and their Signature I call it an unlawful Assembly because it met and enacted Laws Ecclesiastical binding the Subject without the Royal Authority throwing the Liturgy out of those Churches where by Express Command of the Queen it had been injoyned to be continued to make way for their Model which was only indulged to St. Helier in JERSEY and to St. Peter-Port in Guernezey But the Governors got well by it for by that means the Spoils of the poor Deanries fell into their Hands Timely Application was made by that Party to K. James at his coming to the Crown to whom it was falsly suggested that the Discipline had been permitted and allowed by Q. Elizabeth Whereupon a Letter under the Privy-Seal dated Aug. 8. 1603. was easily obtained confirming that pretended Permission and setling the Discipline in both Islands as it was alledged to have been in the Days of that Queen The Letter was as followeth JAMES R. JAMES by the Grace of God King of England Scotland France and Ireland c. Vnto all those whom these Presents shall concern Greeting Whereas We Our Selves and the Lords of Our Council have been given to understand that it pleased God to put it into the Heart of the Late Queen our most dear Sister to permit and allow unto the Isles of JARSEY and Guernezey parcel of our Dutchy of Normandy the Vse of the Government of the Reformed Churches in the said Dutchy whereof they have stood possessed until our coming to this Crown For this Cause we desiring to follow the Pious Example of our said Sister in this behalf as well for the Advancement of the Glory of Almighty God as for the Edification of his Church do will and ordain that our said Isles shall quietly enjoy their said Liberty in the Vse of the Ecclesiastical Discipline there now Established forbidding any one to give them any trouble or impeachment as long as they contain themselves in our Obedience and attempt not any thing against the Pure and Sacred Word of God Given at our Palace at Hampton-Court the 8th Day of August Anno Dom. 1603 and of our Reign in England the First 'T is plain the Grant in this Letter was void and null from the beginning being founded on an Allegation manifestly untrue viz. that Q. Elizabeth had given way to the Establishment of the Discipline throughout all the Churches in these Islands The contrary whereof appears from the very Words of the Letter written by her Council However matters stood thus till a New Governor coming to JERSEY and clashing with the Colloquy about the Right of collating to vacant Benefices which both Sides layed equally claim to He in the Right of the King as the true Patron They by Virtue of the Discipline which empowered them to confer Orders and fill up vacant Livings with such only as had a Call from themselves the Altercation grew so high that it endangered the publick Peace and many of the Principal Inhabitants became humble Suiters to His Majesty to restore to them the Liturgy and to settle among them a Form of Ecclesiastical Jurisdiction suitable to that of the Church of England with regard to their ancient Customs and Priviledges to which they prayed His Majesty at the same time not to derogate The Address was well received at Court The Liturgy was restored and the Office of Dean which had been above 60 Years disused was Revived and conferred on the reverend Mr. David Bandinel one of the Ministers of the Island The New Dean and Ministers were injoyned to draw up a Body of Canons to be approved by the King which after several Corrections and Amendments made therein by
Prayer and hearing of God's word whereat every one shall be bound to assist at a convenient hour and to observe the Order and Decency in that Case requisite being attentive at the reading and preaching of the Word kneeling on their Knees during the Prayers and standing up at the Confession of Faith and shall also testifie their Consent and Participation in saying Amen And in pursuance thereunto during any part of Divine Service the Church Wardens shall not suffer any interruption or hinderance to be made by the Insolence or Talk of any person either in Church or Church-yard 5. There shall be Publick Exercise in every Parish on Wednesday and Friday Mornings by reading the Common Prayer 6. When any urgent Occasion shall require an Extraordinary Fast to be celebrated the Dean with the advice of the Ministers shall give notice thereof to the Governor and to the Civil Magistrate to the end that by their Consent and Authority it may be generally observed for the appeasing of the wrath and indignation of God by a true and serious Repentance Of Baptism 7. Baptism shall be administred in the Church with fair and common water according to the Institution of Jesus Christ and without Limitation of days nor shall any delay the bringing of his Child to Baptism longer than the next Sunday or publick Assembly if it may conveniently be done and no one shall be admitted to be a Godfather that does not participate to the Holy Communion Women alone viz. without the Presence of a Man to be Godfather shall not be admitted to be Godmothers Of the Lord's Supper 8. The Lord's Supper shall be administred in every Church four times a Year whereof one shall be at Easter and the other at Christmas And every Minister in the Administration of the said Supper shall first receive the Sacrament himself and after distribute the Bread and Wine to each of the Communicants using the Words of the Institution 9. All Fathers and Masters of Families shall be exhorted and injoyned to cause their Children and Domesticks to be instructed in the Knowledge of their Salvation and to this End shall take care to send them to the Ordinary Catechizing Of Marriage 10. None shall Marry contrary to the Degrees prohibited by the Word of God as they are expressed in the Table made by the Church of England on pain of Nullity and Censure 11. The Banes shall be asked three Sundays successively in the Parish Churches of both Parties and the Party of the Parish where the Marriage shall not be celebrated shall be obliged to bring Certificate of the Publication of his Banes in his own Parish Nevertheless in lawful Cases there may be Licence and Dispensation of the said Banes given by the Authority of the Dean who shall take good Security of the Liberty of the Parties 12. There shall be no Separation à Thoro Mensâ but in Case of Adultery Cruelty and Danger of Life duly proved and this at the Instance of the Parties And as for the Maintenance of the Woman during the Separation she shall have recourse to the Secular Power Of Ministers 13. None that is not fit to Teach nor able to Preach the Word of God shall be admitted to any Benefice within the Isle or that has not received Imposition of Hands and been Ordained after the Form used in the Church of England 14. None either Dean or Minister shall hold two Benefices together unless in time of Vacancy And the Originaries or Natives of the Isle shall be preferred before others to the Ministery 15. The Ministers every Sunday after the Publick Morning Prayers shall expound some Place of Holy Scripture and in the Afternoon shall handle some of the Points of the Christian Religion contained in the Catechism of the Book of Common-Prayers 16. In their Prayers they shall observe the Titles due to the King acknowledging him Supreme Governor under Christ in all Causes and over all Persons as well Ecclesiastical as Civil recommending unto God the Prosperity of his Royal Person Estate and Posterity 17. Every one of the Ministers shall be careful to shew that Decency and Gravity of Apparel which becomes his Profession and may preserve the Respect due to his Person And they shall be very circumspect in the whole Course of their Lives to keep themselves from such Company Actions and Haunts as may bring any blame or blemish upon them nor shall they dishonour their Calling by Games Taverns Usuries Trades or Occupations not befitting their Function but shall study to excell others in Purity of Life Gravity and Vertue 18. They shall take care that a Register be kept of Christnings Marriages and Burials And shall be obliged to publish on the Day that shall be appointed them the Ordinances of the Court which shall be sent to them signed and sealed by the Dean they being delivered to them fifteen Days before the Publication 19. The Ministers shall have notice in convenient time to assist at such Burials as shall be in their Parishes whereat they shall observe the Form prescribed in the Book of Common Prayers And none shall be interred within the Church without leave of the Minister who shall have regard to the Quality of the Persons and withall to those that are Benefactors to the Church Of the Dean 20. The Dean shall be a Minister of the Word of God being a Master of Arts or Graduate in the Civil-Law at the least having Abilities to exercise the said Office Of good Life and Conversation zealous and well affected to Religion and the Service of God 21. The Dean in Causes which shall be handled in Court shall demand the Advice and Opinion of the Ministers who shall then be present 22. He shall have the Cognizance of all Matters which concern the Service of God the Preaching of the Word Administration of the Sacraments Matrimonial Causes the Examination and Censure of all Papists Recusants Hereticks Idolaters and Schismaticks Persons perjured in Causes Ecclesiastical Blasphemers such as have recourse to Wizzards Incestuous Persons Adulterers Fornicators common Drunkards and publick Prophaners of the Lord's Day as also of the Prophanation of Churches and Church-yards Contempt and Offences committed in Court or against any Officers thereof in the Execution of the Mandats of the Court Divorces and Separation à Thoro Mensâ with Power to censure and punish them according to the Ecclesiastical Laws without Prejudice to the Power of the Civil Magistrate in regard of bodily Punishment for the said Crimes 23. The Dean accompanied by two or three Ministers shall once in two Years Visit every Parish in person and shall give order that there be a Sermon on the Visitation-day either by himself or some other by him appointed which Visitation shall be made for the ordering that all things appertaining to the Church the Service of God and the Administration of the Sacraments be provided by the Church Wardens and that the Church Church Yard and Parsonage-House be maintained
Treasury the said Procurators and Church-Wardens or any of them shall prosecute them by the ordinary Ways of Justice But in case of any Controversie about the said Accounts or of any Abuse to be reformed The Dean and Minister of the Parish where the said Controversie or Abuse shall be shall together with the Bailly and Jurats determine it as shall be found convenient 35. The said Church-Wardens during Divine Service on the Sunday shall search Places suspected of Gaming idle and riotous Practices and having the Constable to assist them shall also search Taverns and scandalous Houses 36. They shall be careful that there be no with-holding or concealing of things appertaining to the Church They may also seize into their Hands or prosecute the Delivery of all Donations and Legacies Mobiliary made to the Church and Poor according to the Laws of the Country 37. There shall be Two Collectors of the Alms for the Poor in each Parish who shall also discharge the Place of Sidesmen and shall be chosen as the Church-Wardens and shall be sworn in Court to behave themselves well in their Office And shall give an Account of their Administration twice a Year before the Minister and Parishioners Viz. at Easter and at Miohaelmas Of the Clerks or Sextons 38. The Clerks or Sextons of the Parishes shall be chosen by the Minister and Chief of the Parish and shall be of the Age of XX Years at the least of good Life and Conversation able to read fairly distinctly and intelligibly and to write also and sitted somewhat for the singing of the Psalms if it may be 39. Their Charge is by ringing of the Bell to call the People to Divine Service and hearing of the Word of God at a proper and convenient Hour according to Custom To keep the Church shut and clean as also the Pews and Pulpit To preserve the Books and other things belonging to the Church whereof they shall have the Custody To provide Water for Baptism and to make such Proclamations and Denunciations as shall be injoyned them by the Court or by the Minister and shall receive their Wages and Salaries by the Contribution of the Parishioners whether in Corn or Mony according to the Custom of the Country Of School-masters 40. There shall be a School-master in every Parish chosen by the Minister Church-Wardens and principal Persons thereof and after presented to the Dean to be licensed thereunto And it shall not be lawful for any to exercise this Charge not being in this manner called unto it The Ministers shall take care to visit them and exhort them to do their Duty 41. They shall use all laborious Diligence to teach the Children to read and write say their Prayers answer to the Catechism they shall form them to good Manners shall bring them to Sermon and Common Prayers seeing them behave themselves there as becometh Of the Court. 42. The Court shall be kept once a Week on the Monday and shall observe the same Terms and Vacations as the Court Civil 43. At every Session in the beginning thereof the Names of the Assessors shall be enrolled the Day and the Month and the Sentences perused 44. After Judgement and Sentence given in the principal Matter the Costs of the Parties and the Fees of the Officers of the Court shall be awarded by the Ecclesiastical Censures 45. There shall be two Advocates or Proctors duly sworn to the Court to the end the People may proceed formally and juridically without Confusion or Surprize And the Greffier or Register being also sworn shall faithfully record the Sentence which shall be pronounced and shall give Copy of the Acts to such as shall require it 46. The King's Procurator and in his Absence the Advocate may be present from time to time in the Court and there prosecute the Censure and Punishment of all Causes of Crime and Scandal 47. For executing or serving the Citations and Summons the Dean shall swear the Clerks of the Parishes and an Apparitor who shall give a faithful Report of their Exploits giving also Copies of the Original Citations and Mandats to such as shall require them or in the Absence of them to their Domesticks And the Causes of the Appearance shall be expressed in the said Citations and Mandats 48. If the Party will not be found as either concealing himself or using some other Collusion the Citation shall be affixed in case he has no setled Habitation on the Door of his parish-Parish-Church and that upon a Lord's Day 49. If it comes to the notice of the Dean by the Report of honest Men that any one liveth notoriously in some Scandal he may advertise the Minister and Church-Wardens of the Parish to the end that informing themselves thereof they may Present such Persons as deserve to be punished or censured 50. Upon good Proof of a Crime committed by any Minister the Dean after repeated Admonitions shall proceed to the Reformation of him by the Advice and Consent of two Ministers even unto Suspension and Sequestration And in case the said Minister continues refractary the Dean by the Consent of the greater Part of the Ministers present in the Island shall proceed even to Deprivation 51. No Commutation shall be made for Penance but with great Circumspection having regard to the Quality of the Persons and Circumstances of the Crimes And the Commutation shall be enrolled in the Acts of the Court in order to be imployed upon the Poor and in Pious Uses whereof account shall be given according to the said Register 52. After the first Default the Non-appearance of such as shall be cited again by Mandate shall be reputed Contumacy And if being afterwards peremptorily cited they do not appear they may be proceeded against by Excommunication If before the next Court-day the Party doesnot endeavour to obtain Absolution the Court shall proceed to the Publication of the Sentence and Minor Excommunication which shall be delivered to the Minister of the Parish to be read upon some solemn Day and in the hearing of the greater part of the Parishioners assembled And the Party persisting in his Obstinacy the Court shall proceed to the Major Excommunication which excludes the Sinner à Sacris Societate Fidelium If this Censure cannot induce him to Obedience and Submission within the Space of forty Days then the Dean by his Authentick Certificate shall give advice to the Bailly and Jurats of the said Contumacy and shall require them in Support of his Jurisdiction to cause him to be seized by the Civil Officers and constituted Prisoner under Bodily Detention till such time as he has submitted and obliged himself to obtemperate to the Ordinance of the Church And before he be absolved he shall be bound to pay the Costs and Charges of the Prosecution of the Suit 53. In cases of Incontinency upon Presentment of the Church Wardens together with Probabilities common Fame Scandal and Presumptions in this Case requisite the Party shall be subject to