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
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
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
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
the Bishop or by him or them to whom the Jurisdiction of that church appertaineth according to the quality of the offence XXVIII Prebendaries to be resident upon their benefices NO Prebendaries or canons in cathedral or collegiate Churches having one or more benefices with cure and not being Residentaries in the same cathedral or collegiate Churches shall under colour of the said Prebends absent themselves from their benefices with cure above the space of one moneth in the year unless it be for some urgent cause and certain time to be allowed by the Bishop of the Diocess And such of the said canons and prebendaries as by the Ordinances of the said cathedral or collegiate churches do stand bound to be resident in the same shall so among themselves sort and proportion the times of the year concerning residence to be kept in the said Churches as that some of them always shall be personally resident there And that all those who be or shall be Residentaries in any cathedral or collegiate church shall after the days of their residency appointed by their local Statutes or customs expired presently repair to their benefices or some of them or to some other charge where the Law requireth their presence there to discharge their duties according to the law in that case provided And the Bishop of the Diocess shall see the same to be duly performed and put in execution XXIX Four solemn times appointed for the making of Ministers FOrasmuch as the ancient Fathers of the church led by the examples of the Apostles appointed Prayers and Feasts to be used at the solemn ordering of Ministers and to that purpose allotted certain times in which only sacred Orders might be given or conferred We following their holy and religious example do constitute and decree that no Deacons or Ministers be ordained and made but only upon the Sundays immediately following Jejunia quatuor temporum commonly called Ember-weeks appointed in ancient time for prayer and fasting purposely for this cause at their first Institution and so continued at this day in the church of Ireland And that this be done in the cathedral or parish church where the Bishop resideth and in the time of Divine Service in the presence not only of the Archdeacon but of the Dean and two Prebendaries at the least or if they shall happen by any lawfull cause to be let or hindered in the presence of four other grave persons being allowed for publick Preachers And lastly that no person of what quality or gifts soever be made a Deacon and a Presbyter both together upon the same day XXX The titles of such as are to be made Ministers NO person shall be admitted into Sacred Orders except he shall at that time exhibit to the Bishop of whom he desireth imposition of hands a presentation of himself to some Ecclesiastical preferment then void in that Diocess or shall bring to the said Bishop a true and undoubted certificate that either he is provided of some church within the said Diocess where he may attend the cure of souls or of some Ministers place vacant either in the cathedral church of that Diocess or in some other collegiate church therein also scituate where he may execute his Ministery or that he is a Senior Fellow of some Colledge in the University or except he be a Master of Arts of five years standing that liveth of his own charge in the University or except by the Bishop himself that doth ordain him Minister he be shortly after to be admitted either to some Benefice or Curateship then void not to be removed until he be otherwise provided for except by his notable evil carriage he deserve the contrary And if any Bishop shall admit any person into the Ministery that hath none of these Titles as is aforesaid then he shall keep and maintain him with all things necessary till he do prefer him to some Ecclesiastical living And if the said Bishop shall refuse so to do he shall be suspended by his Archbishop being assisted with another Bishop from giving of Orders by the space of a year XXXI The quality of such as are to be made Ministers NO Bishop shall hereafter admit any person into Sacred Orders which is not of his own Diocess except he be a graduate of some University within the Kings Dominions or except he shall bring letters dimissory so termed from the Bishop of whose Diocess he is and desiring to be a Deacon is three and twenty years old and to be a Presbyter four and twenty years compleat and hath taken some degrees of School in some of the said Universities or at the least except he be able to yield an account of his faith in latin according to the Articles of Religion generally received in the Church of England and Ireland and to confirm the same by sufficient testimonies out of the holy Scriptures And except moreover he shall then exhibit letters Testimonial or authentical certificate of his good life and conversation under the Seal of some Colledge where before he remained or of three or four grave Ministers together with the subscription and testimony of other credible persons who have known his life and behaviour by the space of three years next before XXXII The examination of such as are to be made Ministers THe Bishop before he admit any person to holy Orders shall diligently examine him in the presence of those Ministers that shall assist him at the Imposition of hands And if the said Bishop have any lawfull impediment he shall cause the said Ministers carefully to examine every such person so to be ordered Provided that they who shall assist the Bishop in examining and laying on of hands shall be of his Cathedral Church if they may conveniently be had or other sufficient Preachers of the same Diocess to the number of three at the least And if any bishop or Suffragan shall admit any toSacred Orders who is not so qualified and examined as before we have ordained the Archbishop of that Province having notice thereof and being assisted by one bishop shall suspend the said bishop or Suffragan so offending from making either Deacons or Priests for the space of two years Neither shall any person be received into the Ministery nor admitted to any Ecclesiastical living nor permitted to preach read Lecture catechize or minister the Sacraments except he shall first by subscription declare his consent to the first four Canons of this present Synod and every thing contained therein XXXIII Caution for institution of Ministers into benefices NO bishop shall institute any into a benefice who hath been ordained by any other bishop except he first shew unto him his letters of Orders and bring him a sufficient testimony of his former good life and behaviour if the bishop shall require it and lastly shall appear upon the due examination to be worthy of his ministry XXXIV Patrons of Eâ—clesiastical benefices THe Bishop shall earnestly and diligently exhort Patrons of benefices to
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
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
appearance there and most indifferent for their travel And likewise they shall keep and end their courts in such convenient time as every man may return homewards in as due season as may be LXXV Peculiar and inferiour courts to exhibite the Original copies of Wills into the Bishops Registry WHereas Deans Archdeacons Prebendaries Parsons Vicars and others exercising Ecclesiastical Jurisdiction claim liberty to prove the last Wills and Testaments of persons deceased within their several Jurisdictions having no known nor certain Registers nor publick places to keep their Records in by reason whereof many Wills rights and legacies upon the death or change of such persons and their private Notaries miscarry and cannot be found to the great prejudice of his Majesties Subjects We therefore order and enjoyn that all possessors and exercisers of peculiar Jurisdiction shall once in every year exhibite into the publick Registry of the Bishop of the Diocess or of the Dean and chapter under whose Jurisdiction the said peculiars are every original testament of every person in that time deceased and by them proved in their several peculiar Jurisdictions or a true copy of every such testament examined subscribed and sealed by the peculiar Judge and his Notary Otherwise if any of them fail so to do the Bishop of the Diocess or Dean and chapter unto whom the said Jurisdictions do respectively belong shall suspend the said parties and every of them from the exercise of all such peculiar jurisdiction until they have performed this our constitution LXXVI The quality and Oath of Judges and Surrogates NO man shall hereafter be admitted a chancellor commissary official or Surrogate to exercise any Ecclesiastical jurisdiction except he be of the full age of six and twenty years at the least and one that is learned in the civil and Ecclesiastical laws and is at the least a master of Arts or Bachellor of law and is reasonably well practised in the course thereof as likewise well affected and zealously bent to Religion touching whose life and manners no evil example is had and except before he enter into or execute any such office he shall take the Oath of the Kings Supremacy in the presence of the Bishop or in the open Court and shall declare his consent by subscription to the two first Canons of this present Synod And also shall swear that he will to the uttermost of his understanding deal uprightly and justly in his Office without respect of favour or reward The said Oaths and subscription to be recorded by a Register then present And it is likewise ordered that every Register shall take the said Oath of Supremacy and subscribe as aforesaid before he be admitted to exercise that Office And also that all Chancellors Commissaries Officials Registers and all others that do now possess or execute any places of Ecclesiastical Jurisdiction or service shall before Christmas next in the presence of the Archbishop or Bishop or in open court under whom or where they exercise their Offices take the same oaths Or upon refusal so to do shall be suspended from the execution of their Offices untill they shall take the said Oaths LXXVII Proctors not to retain causes without the lawfull assignment of the parties NOne shall procure in any cause whatsoever unless he be thereunto constituted and appointed by the party himself either before the judge and by Act in court or unless in the beginning of the suit he be by a true and sufficient Proxey thereunto warranted and enabled We call that Proxey sufficient which is strengthened and confirmed by some authentical Seal the parties approbation or at least his ratification therewithall concurring All which Proxeys shall be forthwith by the said Proctors exhibited into the court and be safely kept and preserved by the Register in the publick Registry of the said court And if any Register or Proctor shall offend herein he shall be secluded from the exercising of his office for the space of two moneths without hope of velease or restoring LXXVIII Proctors prohibited the Oath in animam domini sui FOrasmuch as in the probate of Testaments and suits for Administration of the goods of persons dying intestate the Oath usually taken by Proctors of Court in animam constituentis is found to be inconvenient We do therefore decree and ordain that every Executor or suiter for administration shall personally repair to the judge in that behalf or to his Surrogate and in his own person not by Proctor take the oath accustomed in these cases But if by reason of sickness or age or any other just lett or impediment he be not able to make his personal appearance before the Judge it shall be lawfull for the Judge there being faith first made by a credible person of the truth of his said hinderance or impediment to grant a commission to some grave Ecclesiastical person abiding near the party aforesaid whereby he shall give power and authority to the said Ecclesiastical person in his stead to Minister the accustomed oath above mentioned to the Executor or suiter for such administration Requiring his said substitute that by a faithfull and trusty messenger he certifie the said Judge truly and faithfully what he hath done therein Lastly we ordain and appoint that no judge or Register shall in any wise receive for the writing drawing or sealing of any such Commission above the sum of six shillings and eight pence whereof one moyety to be for the Judge and the other for the Register of the said court LXXIX Proctors not to be clamorous in Court FOrasmuch as it is found by experience that the lond and confused cries and clamors of Proctors in the Ecclesiastical courts in this Kingdom are not only troublesome and offensive to the judge and Advocates but also give occasion to the standers by of contempt and calumny toward the court it self That more respect may be had to the dignity of the judge than heretofore and that causes may more easily and commodiously be handled and dispatched We charge and enjoyn that all Proctors in the said court do especially intend that the Acts may be faithfully entred and set down by the Register according to the advice and direction of the Advocate That the said Proctors refrain loud speech and brabling and behave themselves quietly and modestly and that when either the judges or Advocates or any of them shall happen to speak they presently be silent upon pain of silencing for two whole terms then immediately following every such offence of theirs And if any of them shall the second time offend herein and after due monition shall not reform himself let him be for ever removed from his practice LXXX The Oath de Calumnia not to be refused WE ordain and appoint that as well the Actor as his Proctor and Advocate if they be required shall take the Oath De câ—…lumniâ wheresoever in the suit the same shall be tendred before sentence upon pain that the cause shall be dismissed by
the Judge with costs for the party grieved LXXXI Abuses to be reformed in Registers IF any Register or his Deputy or substitute whatsoever shall receive any certificate without the knowledge and consent of the Judge of the court or willingly omit to cause any persons cited to appear upon any court day to be called or unduely put off and deferre the examination of witnesses to be examined by a day set and assigned by the Judge or do not obey and observe the said Judicial and lawfull monition of the said Judge or omit to write or cause to be written such Citations and decrees as are to be put in execution and set forth before the next court day or shall not cause all testaments exhibited into his office to be registred within a convenient time or shall set down or enact as decreed by the Judge any thing false or conceited by himself and not so ordered and decreed by the Judge or in the transmission of Processes to the Judge ad quem shall add or insert any falshood or untruth or omit any thing therein either by cunning or by gross negligence or in cases of instance or promoted of Office shall receive any reward in favour of either party or be of counsel directly or indirectly with either of the parties in suit or in the execution of their Office shall do ought else malitiously or fraudulently whereby the said Ecclesiastical Judge or his proceeding may be slandered or defamed We will and ordain that the said Register or his deputy or substitute offending in all or any the premisses shall by the Bishop of the Diocess be suspended from the exercise of his Office for the space of one two or three moneths or more according to the quality of the offence And that some other publick Notary do execute and discharge all things pertaining to his Office during the time of his said suspension LXXXII A certain rate of Fees to all Ecclesiastical Officers NO Bishop Suffragan Chancellor Commissary Archdeacon Official or any other exercising Ecclesiastical Jurisdiction whatsoever nor any Register of any Ecclesiastical courts nor any Minister belonging to any of the said Offices or courts shall hereafter for any cause incident to their several Offices take or receive any other or greater Fee than such as are or shall be allowed by lawfull authority in this Kingdom under pain that every such Judge Officer or Minister offending therein shall be suspended from the exercise of their several Offices for the space of six moneths for every such offence LXXXIII A table of the rates of Fees to be set up in courts and Registries WE do likewise constitute and appoint that the Registers belonging to every Ecclesiastical Judge shall place two Tables containing the several rates and sums of all the said Fees one in the usual place or consistory where the court is kept and the other in his Registry and both of them in such sort as every man whom it concerneth may without difficulty come to the view and perusal thereof and take a copy of them And if any Register shall fail to place the said Tables according to the Tenor hereof within the space of a moneth after the same hath been delivered to him by the Bishop of the Diocess he shall be suspended from the execution of his Office untill he cause the same to be accordingly done And the said Table being once set up if he shall at any time remove or suffer the same to be removed hidden or any way hindered from sight contrary to the true meaning of this constitution he shall for every offence be suspended from the exercise of his Office for the space of six moneths LXXXIV The whole Fees for shewing letters of orders and other licences due but once in every Bishops time FOrasmuch as a chief and principal cause and use of Visitations is that the Archbishops Bishops or other assigned by them to visit may get some good knowledge of the state sufficiency and ability of the clergy and other persons whom they are to visit We think it convenient that every Parson Vicar Curate Schoolmaster or other person licenced whosoever do at the Archbishops or Bishops first visitation or at the next visitation after his admission shew and exhibit unto them his letters of Orders Institution and Induction and all other his dispensations licences or faculty whatsoever to be by the said Archbishops or bishops either allowed of or if there be just cause dis-allowed and rejected and being by them approved to be as the custom is signed by the Register And that the whole Fees accustomed be paid only once in the whole time of every Archbishop or bishop and afterwards but halfe of the said accustomed Fees in every visitation during the said bishops continuance LXXXV The number of Apparitors restrained FOrasmuch as we are desirous to redress such abuses and grievances as are said to grow by Sumners or Apparitors We think it meet that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordain that no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or have more Apparitors to serve in their Jurisdictions respectively than one in every Deanery at the most besides the general Apparitor of the Bishop All which Apparitors shall by themselves faithfully execute their Offices neither shall they by any colour or pretence whatsoever cause or suffer their Mandats to be executed by any messengers or substitutes unless it be upon some good cause to be first known and approved by the ordinary of the place Moreover they shall not take upon them the Office of Promotors or Informers for the Court neither shall they exact more or greater Fees than are in these our constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the foresaid limitation or any of the said Apparitors shall offend in any of the premisses the persons deputing them if they be Bishops shall upon admonition of their Superior discharge the persons exceeding the number so limited if inferior Ordinaries they shall be suspended from the execution of their Offices untill they have dismissed the Apparitors by them so deputed and the parties themselves so deputed shall for ever be removed from the Office of Apparitors And if being so removed they desist not from the exercise of their said Offices let them be punished by Ecclesiastical censures as persons contumacious Provided that if upon experience the number of the said Apparitors be too great in any Diocess in the judgement of the Archbishop of the Province they shall by him be so abridged as he shall think meet and convenient LXVI Parish Clerks to be chosen by the Minister NO Parish Clerk upon any vacation shall be chosen but by the Parson or Vicar or where there is no presentative or collative Parson or Vicar by the Minister of that place for the time being which choice shall be