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
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
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
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
testimony signifie to him their consents given to the said marriage LIII No sentence for Divorce to be given upon the sole confession of the parties FOrasmuch as Matrimonial causes have been alwayes reckoned and reputed amongst the weightiest and therefore require the greater caution when they come to be handled and debated in judgment especially in causes wherein Matrimony having been in the church duly solemnized is required upon any suggestion or pretext whatsoever to be dissolved or annulled We do stralghtly charge and enjoyn that in all proevedings to divorce and nullities of Matrimony good circumspection and advise be used and that the truth may as far as is possible be sisted out by the deposition of witnesses and other lawfull proofs and evictions and that credit be not given to the sole confession of the parties themselves howsoever taken upon Oath either within or without the court LIV. No sentence of Divorce to be given but in open Court NO sentence shall be given either for separation à Thoro Mensâ or for annulling of pretended Matrimony but in open court and in the seat of Justice And that with the knowledge and consent either of the Archbishop within his Province or of the Bishop within his Diocess or Sede vacante of the Guardians of the spiritualities or the judge of the Prerogative in their several Jurisdictions and courts and concerning them only that are then dwelling under their Jurisdiction LV. In all Sentences for Divorce bond to be taken for not marrying during each others life IN all sentences proncunced only for Divorce and separation à Thoro Mensâ there shall be a caution and restraint inserted in the Act of the said sentence That the parties so separated shall live chastly and continently neither shall they during each others lise contract Matrimony with any other person and for the better observing of this last clause the said sentence of Divorce shall not be pronounced untill the party or parties requiring the same have given good sufficient caution and security into the Court that they will not any way break or transgress the said restraint or prohibition And if any Judge aforesaid giving sentence of Divorce or separation shall not fully keep and observe the premises he shall be suspended from the exercise of his Office for the space of a whole year LVI The order of Jurisdiction to be kept FOr the a voiding of the unjust vexation of the people and for the better preserving of order in the exercise of Ecclesiastical Jurisdiction we ordain and appoint that the Probate of all Wills and granting Administration of the goods of any defunct shall be had before the Bishop of the Diocess where he dwelled unless it do appear that the said defunct had goods to the value of five pounds sterling in any other Diocess In which case the said Probate and granting Administrations shall be referred to the Prerogative court Provided That if any dye in itinere the goods that he hath about him at that prefent shall not cause his Testament or the Administration to be lyable to the Prerogative court And the same order shall be holden in Appeals without passing by the intermediate Jurisdiction upon pain of nullity in all Acts contrary to this canon And if any Judge of the Prerogative court or any his Surrogate or his Register or Apparitor shall cite or cause to be cited Ex officio any man to the intents aforesaid contrary to this canon not having knowledge that the probate of a Will or granting Administration or Devolution of the cause do appertain to his cognisance he shall restore to the party so cited all his costs and charges and the Acts and proceedings in that behalf shall be held void and frustrate which expences if the said Judge or Register or Apparitor shall refuse accordingly to pay he shall be suspended from the exercise of his Offiee untill he yield to the performance thereof LVII The restraint of double Quarrels upon respite of Institution WE do ordain and appoint that no double Quarrels shall be hereafter granted out of any the Archbishops or prerogative court at the suit of any clerk presented to any benefice except he shall first take his personal Oath that the space of two moneths at the least is expired since he first tendred his presentation to the Bishop and that he refused to grant him Institution thereupon under pain of suspension of the granter thereof from the execution of his office for half a year and nullity of the said double Quarrell so unduly procured to all intents and purposes LVIII Inhibitions not to be granted without the subscription of an Advocate THat the Jurisdictions of bishops may be preserved as near as may be entire and free from prejudice and that for the behoof of the Subjects of this land better provision be made that henceforward they be not grieved with frivolous and wrongful suits and molestations It is ordained and provided That no Inhibition shall be granted out of any court belonging to the Archbishop of the Province or the supream Prerogative at the instance of any party unless it be subscribed by an Advocate practising in the said Court which the said Advocate shall do freely not taking any Fee for the same except the party prosecuting the suit do voluntarily bestow some gratuity upon him for his counsel and advise in the said case The like course shall be taken in granting forth any inhibition at the instance of any party by the Bishop or his Chancellor against the Archdeacon or any other person exercising Ecclesiastical Jurisdiction and if in the court or consistory of any Bishop there be no Advocate at all then shall the subscription of a Proctor practising in the same court be held sufficient LIX Inhibitions not to be granted untill the Appeal be exhibited to the Judge IT is further ordered and decreed that henceforward no Inhibition be granted by occasion of any interlocutory decree or in cause of correction whatsoever except under the form aforesaid And moreover that before the going out of any such Inhibition the Appeal it self or a copy thereof avouched by Oath to be just and true be exhibited to the Judge or his lawfull Surrogate whereby he may be fully informed both of the quality of the crime and the cause of the grievance before the granting forth of the said Inhibition And every Appellant or his lawfull Proctor shall before the obtaining of any such Inhibition shew and exhibite to the Judge or his Surrogate in writing a true copy of those Acts wherewith he complaineth himself to be agrieved and from which he appealeth Or shall take a corporal oath that he hath performed his diligence and true endeavour for the obtaining of the same and could not obtain it at the hands of the Register in the Country or his Deputy tendring him his Fee And if any Judge or Register shall either procure or permit any Inhibition to be sealed so as is said contrary