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A04125 Constitutions, and canons ecclesiasticall treated vpon by the archbishops, and bishops, and the rest of the cleargie of Ireland. And agreed upon with the Kings Majesties licence in their synod begun at Dublin, Anno. Dom. 1634. And in the yeare of the raigne of our soveraigne, Lord Charles by the grace of God, king of Great Britaine, France, and Ireland, the tenth. And now published for the due observation of them, by his Majesties authoritie under the great seale of Ireland.; Constitutions and canons Church of Ireland. 1635 (1635) STC 14265; ESTC S107631 42,000 128

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CONSTITVTIONS AND CANONS ECCLESIASTICALL Treated vpon by the Archbishops and Bishops and the rest of the Cleargie of IRELAND And agreed upon with the Kings Majesties licence in their Synod begun at DUBLIN Anno Dom. 1634. And in the yeare of the Raigne of our Soveraigne Lord CHARLES by the grace of GOD King of Great Britaine France and Ireland the tenth And now published for the due observation of them by his Majesties Authoritie under the Great Seale of Ireland DVBLIN Printed by the Societie of Stationers Printers to the Kings Most Excellent Majesty An. Dom. 1635 THE TABLE ❧ Of the Church of Jreland 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 Ecclesiaesticall to be maintayned 3. Of the prescript forme of Divine Service contayned in the Booke of Common prayer 4. Of the forme of Consecrating and ordering Archbishops Bishops c. and of the Churches established according to that order 5. Authors of schismes and maintayners of Conventicles censured ¶ Of Divine Service preaching of the VVord and administration of the Sacraments 6. DVe celebration of Sundayes and Holy-daies 7. The prescript forme of Divine service to be used on Sundayes and Holy-dayes with all decency and due reverence 8. Of the ordering of certaine parts of the Service 9. Beneficed Preachers being resident upon their livings to preach every Sunday 10. No publique opposition betweene Preachers 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 reade Divine Service and administer the Sacraments twice a yeare at the least 14. Ministers not to refuse to Christen or Bury 15. Ministers not to deferre Christening if the child be in danger 16. Fathers not to be Godfathers in Baptisme nor children not-Communicants 17. Confirmation or laying hands upon children to be performed by the Bishop once in three yeares 18. Of the receiving of the holy Communion 19. VVarning 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 Deanes and Prebendaries 23. OF Ordering Ecclesiasticall Iurisdiction 24. Of ordering the revenues of Ecclesiasticall persons 25. Of Archdeacons 26. Residence of Deanes in their Churches 27. Deanes and Prebendaries to preach during their Residence 28. Prebendaries to be resident upon their benefices ¶ Of the Ordination function and charge of Ministers 29. I Oure solemne times appointed for the making of Ministers 30. The titles of such as are to be made Ministers 31. The qualitie 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 Ecclesiasticall Benefices 35. Prevention of Symoniacall contracts 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 allovved Preachers 38. None to be Curats but allowed by the Bishop 39. Strangers not admitted to preach without Licence 40. Ministers to conferre with Recusants 41. Ministers to visite the sicke 42. Sobernesse of conversation and decencie of apparell 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 bee kept of Christnings VVeddings and Burials ¶ Of Marriages Divorces 47. NOne to marry within the degrees prohibited 48. None to marry under XXI yeares without their Parents consent 49. Security to be taken at the granting of such Licences and under what conditions 50. Oathes to be taken for the conditions 51. An exception for those that are in VVidowhood 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 Ecclesiasticall Courts and Iurisdiction 56. THe Order of Iurisdictions 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 untill the Appeale be exhibited to the Iudge 60. Solemne denunciation of parties excommunicated 61. Notorious crimes and scandals to be certified into Ecclesiasticall 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 yeare 67. Church-wardens not to be troubled for not presenting oftner than twice a yeare 68. Convenient time to bee assigned for framing presentments 69. None to be cited into Ecclesiasticall Courts by Proces of Quorum nomina 70. Maturity required in proceeding 71. No sentence of Deprivation or Deposition to be pronounced 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 Seale 74. Convenient places to be chosen for keeping of Courts 75. Peculiar and inferior Courts to exhibit the originall Copies of VVills into the Bishops Registry 76. The qualitie and Oath of Iudges and Surrogates 77. Proctors not to retayne Causes without the lawfull assignement 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 certaine rate of Fees to all Ecclesiasticall Offiicers 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 restrayned ¶ Of Parish Clearks Church-wardens and Schoole-masters and their severall duties 86. PArish Clearks to be chosen by the Minister 87. The choyce of Church-wardens and their Accompt 88. The choyce of Side-men and their joynt office with Church-wardens 89. The old Church-wardens to make their Presentments before the new be sworne 90. The duty of Church-wardens 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 keepe 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 fitting for every Communion and to observe those that come or come not to the same 96. To
dwelled unlesse it doe appeare that the said Defunct had goods to the value of five pounds sterling in any other Diocesse In which case the said Probate and granting Administrations shal be referred to the Prerogative Court Provided That if any die in itinere the goods that he hath about him at that present shall not cause his Testament or the Administration to be lyable to the Prerogative Court And the same order shal be holden in Appeales without passing by the intermediate Iurisdiction upon paine of nullity in all Acts contrary to this Canon And if any Iudge 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 doe appertaine to his cognisance he shall restore to the party so cited all his costs and charges the Acts and proceedings in that behalfe shal be held voyde and frustrate which expences if the said Iudge or Register or Apparitor shall refuse accordingly to pay he shal be suspended from the exercise of his Office untill he yeild to the performance thereof LVII The restraynt of double Quarrels upon the respite of Institution VVE doe ordayne and appoint that no double Quarrels shal be hereafter granted out of any the Archbishops or prerogative Court at the suite of any Clerke presented to any benefice except he shall first take his personall Oath that the space of two Moneths at the least is expired since he first tendred his presentation to the Bishop and that hee refused to grant him Insti●ution thereupon under paine of suspension of the granter thereof from the execution of his Office for halfe a yeare 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 Iurisdictions of Bishops may be preserved as neere as may be entire and free from prejudice and that for the bohoofe of the Subjects of this Land better provision be made that henceforward they be not grieved with frivolous and wrongfull suites and molestations It is ordayned and provided That no Inhibition shal be granted out of any Court belonging to the Archbishop of the Province or the supreame Prerogative at the instance of any partie unlesse it be subscribed by an Advocate practising in the said Court which the said Advocate shall doe freely not taking any Fee for the same except the party prosecuting the suite doe voluntarily bestow some gratuity upon him for his counsell advise in the said case The like course shal 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 Ecclesiasticall Iurisdiction 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 Appeale be exhibited to the Iudge 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 forme aforesaid And moreover that before the going out of any such Inhibition the Appeale it selfe or a Copy thereof avouched by Oath to be just and true be exhibited to the Iudge or his lawfull Surrogate whereby hee may be fully informed both of the quality of the crime 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 Iudge or his Surrogate in writing a true Copy of those Acts wherewith hee complayneth himselfe to be agrieved and from which hee appealeth Or shall take a corporall oath that hee hath performed his diligence true endeavour for the obtayning of the same could not obtayne it at the hands of the Register in the Countrey or his deputy tendring him his Fee And if any Iudge or Register shall eyther procure or permit any Inhibition to be sealed so as is said contrary to the forme and limitation above specified let him be suspended from the execution of his Office for the space of three Moneths If any Proctor or other person whatsoever by his appointment shall offend in any of the premises eyther by making or sending out any Inhibition contrary to the Tenor of the said premises let him be removed from the exercise of his Office for the space of a whole yeare without hope of release or restoring LX. Solemne denunciation of parties Excommunicated ALl Ordinaryes shall in their severall Iurisdictions carefully see and give order that aswell those who for revolting and still obstinate refusing to frequent Divine Service established by publike authority within this Realme of Ireland as also especially of the better sort and condition who for notorious contumacie or notable crimes stand lawfully excommunicate unlesse within three Moneths immediately after the said sentence of excommunication pronounced against them they reforme themselves obtayne the benefit of absolution be every sixe Moneths ensuing aswell in the parish Church as in the Cathedrall Church of the Diocesse in which they remaine by the Minister openly in the time of Divine Service upon some Sunday declared and pronounced excomunicate that others may be thereby admonished excited to refrayne their company and society LXI Notorious Crimes and scandals to be certified into Ecclesiasticall Courts by presentments IF any offend their brethren either by Adultery whoredome incest or drunkenes or by swearing ribauldry usury or any other uncleannesse and wickednesse of life the Church-wardens or Quest-men and Side-men in their next presentments to their Ordinaries shall faithfully present all every of the said offenders to the intent that they and every of them may be punished by the severitie of the Lawes according to their deserts and such notorious offenders shall not be admitted to the holy Communion till they be reformed LXII Schismaticks to be presented IF the Church-wardens or Quest-men or assistants do or shall know any man within their parish or elsewhere that is an hinderer of the word of God to be reade or sincerely preached or of the executiō of these our Cōstitutions or ●●●●tor of any usurped or forraigne power by the laws of this Realme justly rejected and taken away or a defender of popish or erronious doctrine they shall detect and present the same to the Bishop of the Diocesse or Ordinary of the place to be censured and punished according to such Ecclesiasticall Lawes as are prescribed in that behalfe LXIII Not Communicants at Easter to be presented THe Minister Church wardens Quest-men and assistants of every parish-Church and Chappell shall yearely within forty dayes after Easter exhibite to the
that all Chancellors Commissaryes Officials Registers and all others that doe now possesse or execute any places of Ecclesiasticall Iurisdiction 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 oathes Or upon refusall so to doe shal be suspended from the execution of their Offices untill they shall take the said Oathes LXXVII Proctors not to retayne causes without the lawfull assignement of the parties NOne shall Procure in any cause whatsoever unlesse hee be thereunto constituted and appointed by the party himselfe eyther before the Iudge and by Act in Court or unlesse in the beginning of the suite hee be by a true and sufficient Proxey therunto warranted enabled We call that Proxey sufficient which is strengthened and confirmed by some authenticall Seale 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 publike Registry of the said Court. And if any Register or Proctor shall offend herein hee shal be secluded from the exercising of his office for the space of two Moneths without hope of release or restoring LXXVIII Proctors prohibited the Oath in animam domini sui FOrasmuch as in the probate of Testaments suites 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 doe therefore decree and ordayne that every Executor or suiter for administration shall personally repayre to the Iudge in that behalfe or to his Sutrogate and in his owne person and not by Proctor take the Oath accustomed in these cases But if by reason of sicknesse or age or any other just lett or impediment he be not able to make his personall appearāce before the Iudge it shal be lawfull for the Iudge 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 Ecclesiasticall person abiding neere the party aforesaid whereby hee shall give power and authority to the said Ecclesiasticall person in his steade 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 Iudge truly and faithfully what hee hath done therein Lastly Wee ordayne and appoint that no Iudge or Register shall in any wise receive for the writing drawing or sealing of any such Comission above the summe of fixe shillings and eight pence whereof one moyety to be for the Iudge 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 lowd and confused cryes and clamors of Proctors in the Ecclesiasticall Courts in this Kingdome are not onely troublesome and offensive to the Iudge and Advocates but also give occasion to the standers by of contempt and calumny toward the Court it selfe That more respect may be had to the dignitie of the Iudge than heretofore and that causes may more easily and commodiously be handled and dispatched We charge and enjoyne that all Proctors in the said Court doe especially intend that the Acts may be faithfully entred and set downe by the Register according to the advise and direction of the Advocate That the said Proctors refrayne lowd speech and brabling and behave themselves quietly and modestly and that when eyther the Iudges or Advocates or any of them shall happen to speake they presently be silent upon paine of silencing for two whole termes 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 reforme himselfe let him be for ever removed from his practice LXXX The Oath de calumnia not to be refused VVE ordayne and appoint that aswell the Actor as his Proctor and Advocate if they be required shall take the Oath De calumniâ wheresoever in the suite the same shall be tendred before sentence upon paine that the cause shal be dismissed by the Iudge 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 Iudge of the Court or willingly omit to cause any persons cited to appeare 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 Iudge or doe not obey and observe the said Iudiciall and lawfull monition of the said Iudge 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 downe or enact as decreed by the Iudge any thing false or conceyted by himselfe and not so ordered and decreed by the Iudge or in the transmission of Processes to the Iudge ad quem shall adde or insert any falshood or untruth or omit any thing therein eyther by cunning or by grosse negligence or in cases of instance or promoted of Office shall receive any reward in favour of eyther party or be of Counsell directly or indirectly with eyther of the parties in suite or in the execution of their Office shall do ought else maliciously or fraudulently whereby the said Ecclesiasticall Iudge or his proceeding may be slandered or defamed Wee will and ordayne that the said Register or his deputy or substitute offending in all or any the premises shall by the Bishop of the Diocesse be suspended from the exercise of his Office for the space of one two or three Moneths or more according to the qualitie of the offence And that some other publike Notarie doe execute and discharge all things pertayning to his Office during the time of his said suspension LXXXII A certaine rate of Fees to all Ecclesiasticall Officers NO Bishop Suffragan Chancellor Commissary Archdeacon Officiall or any other exercising Ecclesiasticall Iurisdiction whatsoever nor any Register of any Ecclesiasticall Courts nor any Minister belonging to any of the said Offices or Courts shall hereafter for any cause incident to their severall Offices take or receive any other or greater Fee than such as are or shal be allowed by lawfull authoritie in this kingdome under paine that every such Iudge Officer or Minister offending therin shal be suspended from the exercise of their severall Offices for the space of sixe Moneths for every such offence LXXXIII A table of the rates of Fees to be set up in Courts Registries WE doe likewise constitute appoint that the Registers belonging to every Ecclesiasticall Iudge
breake or neglect to observe the same as they tender the honor of GOD the peace of the Church tranquillitie of the Kingdome and their dueties and service unto VS their King and Soveraigne In witnes c. CONSTITVTIONS AND CANONS ECCLESIASTICALL Treated upon by the Archbishops and Bishops and the rest of the Clergie of Ireland and agreed upon by the Kings Majesties licence in their Synod begun and holden at Dublin Anno Domini 1634. and in the yeare of the raigne of our Soveraigne Lord CHARLES by the grace of GOD King of Great Brittaine 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 Wee doe receive and approve the Booke of Articles of Religion agreed upon by the Archbishops and Bishops and the whole Clergie in the Convocation holden at London in the yeare of our Lord God 1562. for the avoyding of diversities of opinions and for the establishing of consent touching true Religion And therefore if any hereafter shall affirme 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 publique revocation of his errour II. The Kings Supremacy in Causes Ecclesiasticall to be maintained ALL Ecclesiasticall persons having cure of soules and all other Preachers and Readers of Divinitie Lectures shall to the uttermost of their wit knowledge and learning purely and sincerely without any colour or dissimulation teach manifest open and declare foure times every yeare at the least in their Sermons and other Collations and Lectures That all usurped and forraine 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 Realmes and Dominions is due unto such forraine power but that the Kings power within his Realme of Ireland and all other his Dominions and Countreyes is the highest power under God to whom all men aswell Inhabitants as borne within the same doe by Gods Lawes owe all loyaltie and obedience and to no other forraine power potentate in the earth And whosoever shall hereafter maintaine that the Kings Majestie hath not the same authority in causes Ecclesiasticall that the godly Kings had amongst the Iewes and Christian Emperours in the Primitive Church or impeach in any part his Regall supremacy in the said causes restored to the Crowne and by the Lawes of this Realme therein established let him be excommunicated and not restored but onely by the Archbishop of the Province after his repentance and publique revocation of his errour III. Of the prescript forme of Divine Service contained in the Booke of Common Prayer THat forme of Liturgie or Divine Service and no other shal be used in any Church of this Realme but that which is established by the Law and comprised in the Booke of Common Prayer and administration of Sacraments And if any one shall preach or by other open words declare or speake any thing in the derogation or despising of the said Booke or of any thing therein contained let him be excommunicated and not restored untill he repent and publiquely revoke his errour III. Of the forme of consecrating and ordering Archbishops Bishops c. and of the Churches established according to that order THat forme of Ordination no other shal be used in this Church but that which is contained in the booke of ordering Bishops Priests and Deacons allowed by authority and hitherto practised in the Churches of England and Ireland And if any shall affirme 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 governement are true Churches or refuse to joyne with them in Christian profession let him be excommunicated and not restored untill hee repent and publiquely 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 together in a new brotherhood accounting the Christians who are conformable to the doctrine governement rites and ceremonies of the Church of Ireland to be prophane and unmeet for them to joyne with in Christian profession or shall affirme and maintaine that there are within this Realme other meetings assemblyes or congregations then such as by the Lawes of this Land are held and allowed which may rightly challenge to themselves the name of true and lawfull Churches let him be excommunicated and not restored untill he repent and publiquely revoke his errour VI. Due celebration of Sundayes and Holy-dayes ALL manner of persons shall celebrate and keepe 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 publique prayers in acknowledging their offences to GOD and amendment of the same in reconciling themselves charitably to their neighbours where displeasure hath beene in oftentimes receiving the Communion of the Body and Blood of CHRIST in visiting the poore and sicke using all godly and sober conversation VII The prescript forme of Divine Service to be used on Sundayes and Holydayes with all decencie and due reverence EVery Sunday and Holy-day the Parsons Vicars and Curates shall celebrate Divine Service at convenient and usuall times of the day and in such place of every Church as the Bishop of the Diocesse or Ecclesiasticall Ordinary of the place shall thinke meet for the largenesse or straitnesse of the same so as the people may be most edified All Ministers likewise shall use and observe the Orders Rites Ornaments Ceremonies prescribed in the Booke 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 forme thereof And in Cathedrall and Collegiate Churches all Deanes Masters and Heads of Collegiate Churches Canons and Prebendaries being Graduates shall daylie at the times both of prayer and preaching weare with their Surplises such Hoods as are agreeable to their degrees No man also shall cover his head in any Church or Chappell in the time of Divine Service except he have some infirmity in which case he may weare a night-cap or coife Neither shall any person be otherwise at such times busied then in quiet attendance to heare marke and understand that which is read preached
as are thereby to be cited shall be first expressely 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 Iudge or his deputy and his Seale thereto affixed And We further ordayne 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 apparance shal be excommunicated for the first absence but shal be cited againe upon the same Proces And if hee cannot be found nor afterwards appeare upon vijs modis then to be decreed Excommunicandum fore Yet for preventing such neglect and that the party querelant may sustayne no detriment hereby it is likewise ordered that in causes of instance upon the apparance 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 decreed shal be publikely read to the intent that they may avoyde the danger of the fearefull sentence of Excommunication Which course also We ordayne shal be holden with those that be already denounced excommunicate before the time of the signifying their obstinacie to the end they and others may be admonished of the danger in which they stand and to the aggravation of their obstinacie if they continue in the same LXXI No sentence of deprivation or deposition to be pronounced against a Minister but by the Bishop VVHen any Minister is complayned of in any Ecclesiasticall Court belonging to any Bishop for any crime the Chancellor Commissary Officiall or any other having Ecclesiasticall Iurisdiction to whō it shall appertayne shall expedite the cause by Processes other proceedings against him and upon contumacy for not appearing shall first suspend him afterward his cōtumacie continuing excommunicate him But if he appeare and submit himselfe to the course of Law then the matter being ready for sentence and the merits of his offence exacting by Law eyther deprivation from his living or depositiō from the Ministery no such sentence shal be pronounced by any person whosoever but onely by the Bishop with the assistance of his Chancellor the Deane if they may conveniently be had and some of the Prebendaries if the Court be kept neare the Cathedrall Church or of the Archdeacon if hee 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 Officiall or any other person shall exercise any Ecclesiasticall Iurisdiction over a Minister in causes criminall except he himselfe have beene admitted into the holy Orders of Priesthood LXXII No Act to be sped but in open Court NO Chancellor Commissary Archdeacon Officiall or any other person using Ecclesiasticall Iurisdiction whosoever shall speede any judiciall Act eyther of contentious or voluntary Iurisdiction 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 behalfe to write or speede the same under paine of suspension ipso facto LXXIII No Court to have more than one Seale NO Chancellor Commissary Archdeacon Officiall or any other exercising Ecclesiasticall Iurisdiction shall without the Bishops consent have any moe than one Seale for the sealing of all matters incident to his Office which Seale shall alwayes be kept eyther by himselfe or by his lawfull substitute exercising Iurisdiction for him and remayning within the Iurisdiction of the said Iudge or in the City or principall Towne of the County This Seale shall contayne the title of tha● Iurisdiction which every of the said Iudges or their deputies doe execute LXXIIII Convenient places to be chosen for keeping of Courts ALl Chancellors Commissaries Archdeacons Officials and all others exercising Ecclesiasticall Iurisdiction shall appoint such meete places for the keeping of their Courts by the assignement or approbation of the Bishop of the Diocesse as shal be convenient for entertaynement of those who are to make their appearance there and most indifferent for their travell And likewise they shall keepe and end their Courts in such convenient time as every man may returne homewards in as due season as may be LXXV Peculiar inferior Courts to exhibite the Originall copies of VVills into the Bishops Registry VVHereas Deanes Archdeacons Prebendaries Parsons Vicars others exercising Ecclesiasticall Iurisdiction clayme liberty to prove the last Wills and Testaments of persons deceased within their severall Iurisdictions having no knowne nor certaine Registers nor publike places to keepe their Records in by reason whereof many Wills rights and Legacies upon the death or change of such persons and their private Notaryes miscarry and cannot be found to the great prejudice of his Ma●esties Subjects We therefore order and enjoyne that all possessors and exercisers of peculiar Iurisdiction shall once in every yeare exhibite into the publike Registry of the Bishop of the Diocesse or of the Deane Chapter under whose Iurisdiction the said peculiars are every originall testamēt of every person in that time deceased and by them proved in their severall peculiar Iurisdictions or a true Copy of every such testament examined subscribed sealed by the peculiar Iudge and his Notary Otherwise if any of them fayle so to doe the Bishop of the Diocesse or Deane and Chapter unto whom the said Iurisdictions doe respectively belong shall suspend the said parties and everie of them from the exercise of all such peculiar Iurisdiction untill they have performed this our Constitution LXXVI The quality and Oath of Iudges Surrogates NO man shall hereafter be admitted a Chancellor Commissary Officiall or Surrogate to exercise any Ecclesiasticall Iurisdiction except hee be of the full age of sixe and twentie yeares at the least and one that is learned in the Civill and Ecclesiasticall Lawes 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 evill example is had and except before he enter into or execute any such office hee shall take the Oath of the Kings Supremacie 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 sweare that hee will to the uttermost of his understanding deale uprightly and justly in his Office without respect of favour or reward The said Oathes and subscription to be recorded by a Register then present And it is likewise ordered that every Register shall take the said Oath of Supremacie and subscribe as aforesaid before he be admitted to exercise that Office And also
be chosen for Side-men or assistants by the Minister and parishioners if they can agree otherwise to be appointed by the Ordinary of the Diocesse shall diligently see that all the parishioners duely resort to their Church upon all Sundayes and Holy-dayes 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 shal be found slacke 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 choyce of which persons viz. Church-wardens or Side-men or Assistants shall be yearely made in Easter weeke LXXXIX The old Church-wardens to make their Presentments before the new be sworne THe Office of all Church-wardens Side-men shal be reputed ever hereafter to continue untill the new Church-wardens t●at shall succeede them be sworne which shal 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 yeare or one of the two times when the Church-wardens and Side-men of every parish shall exhibit to their severall Ordinaries the presentments of such enormities as have happened in their parishes finde the last presentments And this duly they shall performe before the newly chosen Church-wardens and Side-men be sworne And shall not be suffered to passe over the said presentments to those that are newly come into Office are by intēdment ignorāt of such crimes under paine of those censures which are appointed for the reformation of such dallyers and dispensers with their owne consciences and oathes XC The duty of Church-wardens touching such persons as are out of the Church in the time of Gods worship on Sundayes or Holy-dayes THe Church-wardens and their assistants shall warne Inholders Taverners Victuallers and Alehouse-keepers that they fell no meate or drinke and that they receive none into their Taverne or Alehouse all the time wherein there is preaching or celebration of Divine Service upon Sundayes or Holy-dayes If any doe contrary upon contempt or stubornenesse 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 Poynts other small trifles whom they call Pedlers set out their Wares to sale And that no Beggars or idle persons abide eyther in the Churchyarde or neere the Church all that time but shall cause them eyther 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 warne 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 downe Neyther shall they suffer any person to disturbe the Service or Sermon eyther by untimely ringing of Bels or by walking talking laughing or any other noyse 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 Ordinaryes visitations XCII To keepe 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 tēporall Courts or Leets Lay-juries Masters Commissions other than for causes Ecclesiasticall playing at ball or any other prophane usage to be kept in the Church Chappell or Church-yard Neyther the Bels to be rung eyther in the feast of all Soules or upon any Holy-dayes or Eves abrogated by the Booke of Common prayer neyther for Moneths or twelve-moneths mindes or remembrances of the Dead nor at any time at all prohibited by the Bishop XCIII To see Churches and Church-yards kept in sufficient reparations THey shall take care and provide that the Churches be well sufficiently repayred and so from time to time kept and maintayned that the Windowes be well glazed and that the floores be kept paved plaine even and all things there in such an orderly and decent sort withour dust or any thing that may be noisome or unseemely as best becommeth the house of God The like care they shall take that the Churchyardes be well and sufficiently repayred fenced and maintayned with wals rayles and pales as have bin in each place accustomed at their charge unto whom by Law the same appertayneth XCIIII To furnish all Churches with things necessarie for the celebration of Divine Service preaching and administration of the Sacraments THey shall provide in every Church at the cōmon charge of the parish two Books of Cōmon-prayer one for the Minister the other for the Clerke with all convenient speede but at farthest within sixe Moneths after the publishing of these Canons And likewise the Bible of the last translation set forth in the time of King Iames of blessed memory And where all or the most part of the people are Irish they shall provide also the said Bookes in the Irish tongue so soone as they may be had The charge of these Irish books being to be borne also wholy by the parish They shall also at the same common charge provide a fit seat for the Minister to read Service in a comely decent Pulpit to be set in a convenient place for the preaching of Gods Word a Font of stone set in the ancient usuall place for the ministration of Baptisme together with a fayre Table to be placed at the East end of the Church or Chancell a Cup of Silver for the celebration of the Holy Communion Which Table also shall stand covered in time of Divine Service with a Carpet of silke or other decent stuffe thought meete by the Ordinary of the place if any question be made of it and with a fayre lynnen cloathat the time of the ministration as becommeth that Table XCV To provide things fitting for every Communion and to observe those that come or come not to the same LIkewise they shall at the charge of the parish against the time of every Communion with the advise and direction of the Minister provide a sufficient quantity of fine white Breade and of good and wholsome Wine for the number of Communicants that shall from time to time receive there which Wine they shall cause to be brought to the Cōmunion-table in a cleane and sweete standing pott or stoope of pewter if not of purer mettall Also they