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
to the form 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 oflend in any of the premisses either by making or sending out any Inhibition contrary to the Tenor of the said premisses let him be removed from the exercise of his Office for the space of a whole year without hope of release or restoring LX. Solemn Denunciation of parties Excommunicated ALl Ordinaries shall in their several Jurisdictions carefully see and give order that as well those who for revolting and still obstinate refusing to feequent Divine Service established by publick authority within this Realm of Ireland as also especially of the better sort and condition who for notorious contumacy or notable crimes stand lawfully excommunicate unless within three moneths immediately after the said sentence of excommunication pronounced against them they reform themselves and obtain the benefit of absolution be every six moneths ensuing as well in the Parish Church as in the Cathedral Church of the Diocess in which they remain by the Minister openly in the time of Divine service upon some Sunday declared and pronounced excommunicate that others may be thereby admonished and excited to refrain their company and society LXI Notorious crimes and scandals to be certified into Ecclesiastical Courts by presentments IF any offend their brethren either by Adultery Whoredom Incest or Drunkenness or by Swearing Ribauldry Usury or any other uncleanness and wickedness of life the churchwardens or Questmen and Sidemen in their next presentments to their Ordinaries shall faithfully present all and every of the said offenders to the intent that they and every of them may be punished by the severity of the laws 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 Churchwardens or Questmen or assistants do or shall know any man within the Parish or elsewhere that is an hinderer of the word of God to be read or sincerely preached or of the execution of these our constitntions or a fautor of any usurped or forraign power by the laws of this Realm 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 Diocess or Ordinary of the place to be censured and punished according to such Ecclesiastical laws as are prescribed in that behalf XLIII Not Communicants at Easter to be presented THe Minister Churchwardens Questmen and assistants of every Parish Church and Chappel shall yearly within forty days after Easter exhibite to the Bishop or his Chancellor the names and surnames of all the Parishioners as well Men as Women Women which being at the age of sixteen years received not the Communion at Easter before LXIIII. Ministers may present BEcause it often cometh to pass that the Churchwardens Side-men Questmen and such others of the Laity as are to take care for the suppressing of sin and wickedness in their several Parishes as much as in them lyeth by admonition reprehension and denunciation to their Ordinaries do forbear to discharge their duties therein either through fear of their Superiors or through negligence more than were fit the licenciousness of these times considered We ordain that hereafter every Parson and Vicar or in the lawfull absence of any Parson or Vicar then their Curates and substitutes may joyn in every presentment with the said Churchwardens Sidemen and the rest above mentioned at the times hereafter limited if the said Churchwardens and the rest will present such eâ—ormities as are apparent in the Parish or if they will not then every such Parson and Vicar or in their absence as is aforesaid their Curates may themselves present to their Ordinaries at such times and when else they think it meet all such crimes as they have in charge otherwise as by them being the person that should have the chief care for the suppressing of sin and impiety in their Parishes shall be thought to require due reformation Provided alwayes that if any one confess his secret and hidden sin to the Minister for the unburthening of his conscience and to receive spiritual consolation and ease of his minde from him We do not any way binde the said Minister by this our constitution but do straightly charge and admonish him that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secresie except they be such crimes as by the Laws of this Realm his own life may be called into question for concealing of the same under pain of irregularity LXV Ministers and Churchwardens not to be sued for presenting WHereas for the reformation of criminous persons and disorders in every Parish the Churchwardens Questmen Sidemen and such other Officers as are sworn and the Minister charged to present as well the crimes and disorders committed by the said criminous persons as also the common fame which is spread abroad of them whereby they are often maligned and sometimes troubled by the said delinquents or their friends We do admonish and exhort all Judges both Ecclesiastical and temporal as they regard and reverence the fearfull judgement seat of the highest Judge that they admit not in any of their Courts any complaint plea suit or suits against any such Churchwarden Questmen Sidemen or other Church Officers for making any such presentments nor against any Minister for any presentment he shall make tending to the restraint of shameless impiety and considering that the rules both of charity and government do presume that they did nothing therein of malice but for the discharge of their conscience LXVI Churchwardens not bound to present oftner than twice a year NO Churchwardens Questmen or Sidemen of any Parish shall be inforced to exhibit their presentments to any having Ecclesiastical Jurisdiction above once in every year where it hath been no oftner used nor above twice in any Diocess whatsoever the Bishops visitation whereof to be one for the which presentments of every Parish Church or Chappel the Register of any Court where they are to be exhibited shall not receive in one year above four pence under pain for every offence therein of suspension from the execution of his Office for the space of a moneth toties quoties Provided alwayes that as good occasion shall require it it shall be lawfull for every Minister Church-warden and Sidemen to present offenders as often as they shall think meet And likewise for any godly disposed person or for any Ecclesiastical Judge upon knowledge or notice given unto him or them of any enormous crime within his Jurisdiction to move the Minister Churchwardens or Sidemen as they tender the glory of God and reformation of sin to present the same if they should find sufficient cause to induce them there unto that it may be in
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
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
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
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