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
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
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
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
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