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

Author: Church of Ireland.1635

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

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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.
[Page] 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.
[Page] 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.
[Page] 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.
[Page] 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.

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¶ 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 [Page] 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.
[Page] 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 [Page] 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 provide a Chest for Almes in every Church.
97. To abolish all monuments of superstition.
98. None to teach Schoole without Licence, and Curates desirous to teach to be licenced before others.
99. The dutie of Schoolemasters.

¶ Of the authoritie of the Synod.

100. The authority of this Nationall Synod established.

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[Page 1]

DIEV ET MON DROIT.

CHARLES by the grace of GOD King of England, Scotland, France, and Ireland, Defender of the faith &c.

To all men to whom these presents shall come, greeting.

Whereas our Bishops, Deanes of our Cathedrall Churches, Arch-deacons, Chapters and Colledges, and the rest of the Clergie within [Page 2] our Kingdome of Ireland, were summoned and called by vertue of our Writts directed to the Arch-bishops of the foure severall Provinces, and bearing date the foure and twentieth day of May, in the tenth yeare of our Raigne to appeare before the said Arch-bishops in the Cathedrall Church of S. Patricks Dublin upon the one and twentieth day of Iuly then next ensueing, then and there to treate and conclude upon certaine high and urgent affaires in the said Writts mentioned, who did thereupon at the time appointed, and in the said Cathedrall Church of S. Patricks aforesaid, assemble themselves and appeare in Convocation for that purpose, according to the tenor of the said Writts. And whereas wee for divers urgent and weighty occasions us thereunto moving, of our especiall grace, certaine knowledge, and meere motion, did by vertue of our prerogative royall and supreame authority in causes Ecclesiasticall, give and grant by our Letters Patents under our great Seale of Ireland bearing date the one and twentieth day of Iuly in the tenth yeare of our Raigne, full power and authority unto the said Archbishops, [Page 3] Bishops, Deanes, Arch-deacons, Chapters, Colledges & Clergie of this Kingdome then assembled in Convocation, in the said Cathedrall Church of S. Patrick, that they from time to time during the Parliament then begun at Dublin might conferre, treate, consult and conclude of and upon such Articles, Canons, Orders, Ordinances, Statutes & Constitutions Ecclesiasticall, as they shall thinke necessary, fit and convenient for the honour & service of Almighty GOD, and augmentation of his divine worship, the rooting out of heresies and errours out of the Vineyard of Christ, for procuring of the good and quiet of the Church and preservation of good government in causes Ecclesiasticall, and to the Iurisdiction of the Church belonging, as also to make and set downe ordinances and decrees to have such force and effect as other Canons and Constitutions of the Church have, and the same (our royall assent being thereunto first had and obtained) to set forth and publish freely and lawfully, and that aswell the Archbishops and Bishops, and all other inferiour persons whom it may concerne, should [Page 4] yeild due obedience thereunto, as in and by our said Letters Patents more at large it doth and may appeare. Forasmuch as the said Archbishops, Bishops, Deanes, Archdeacons, Chapters and Colledges with the rest of the Clergie of this Kingdome 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 certaine Canons, Orders, Ordinances, and Constitutions, to the end and purpose by VS limited and prescribed unto them, and have thereupon offered & presented the same unto VS, most humbly desiring VS to give our royall assent unto their said Canons, Orders, Ordinances and Constitutions, according to the forme of a certaine Statute or Act of Parliament made in that behalfe, and by our said Prerogative royall, and supreame authority in causes Ecclesiasticall, to ratifie by our Letters Patents under our great Seale of Ireland, and to confirme the said Canons being one hundred in number, and contained in a Booke intituled, Constitutions and Canons Ecclesiasticall, treated upon by the [Page 5] Archbishops and Bishops, and the rest of the Clergie of Ireland, and agreed upon with the Kings Majesties licence in their Synod begun 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, which Booke is remaining with Iohn Forth Clerke of the upper house of Convocation. WEE of our Princely inclination and royall care for the maintenance of the present estate and governement of the Church of Ireland by the Lawes of this our Realme now settled & 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 VVee are perswaded will be very profitable, not onely to our Clergie, but to the whole Church of this our Kingdome; and to all the true members of it, (if they be well observed.) HAVE therefore for VS our heires and lawfull successors, of our especiall grace, certaine knowledge and meere motion, by the [Page 6] advise and consent of our right trusty and right welbeloved Cousin and Counsellour, Thomas Viscount VVentworth our Deputy generall of our said Kingdome of Ireland, and President of our Councell established in the North parts of our Kingdome of England, given & by these presents doe give our royall assent according to the forme of the said Statute or Act of Parliament aforesaid, to all and every the said Canons, Orders, Ordinances & Constitutions, & all and every thing in them contained. And furthermore, Wee doe not onely by our said Prerogative royall and supreame authority in causes Ecclesiasticall, ratifie, confirme & establish by these our Letters Patents the said Canons, Orders, Ordinances & Constitutions, & all & every thing in them contayned, as is aforesaid, but doe likewise propound, publish, & streightly enjoyne & commaund by our said authority, & by these our Letters Patents the same to bee diligently observed, executed, and equally kept by all our loving Subjects of this our Kingdome, in all points wherein they doe, or may concerne every or any of them; according [Page 7] to this our will and pleasure hereby signified and expressed. And that likewise for the better observation of them every Minister by what name or title soever hee be called, shall in the Parish Church or Chappell where he hath charge, reade all the said Canons, Orders, Ordinances and Constitutions once every yeare, upon some Sundayes or Holy-dayes in the after-noone before divine service; dividing the same in such sort, as that the one halfe may be read one day, and the other another day. The Booke of the said Canons to be provided at the charge of the Parish betwixt this, and the Feast of Easter next ensueing. Streightly chargeing and commaunding all Archbishops, Bishops, and all other that exercise any Ecclesiasticall Iurisdiction within this Realme, every man in his place to see and procure (so much as in them lyeth) all and every of the same Canons, Orders, Ordinances & Constitutions to be in all points duly observed, not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or willfully breake or neglect to observe the same, as they tender [Page 8] 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.

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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 [Page 10] 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 [Page 11] 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 [Page 12] 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, shalbe 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.

[Page 13]

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, shalbe 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.

[Page 14]

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.

[Page 15]

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.

[Page 16]

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 [Page 17] 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, or ministred: using all such reverent gestures and actions, as by the Booke of Common prayer are prescribed in that behalfe, and the commendable use of this Church received; and not departing out of the Church, during the time of Service and Sermon, without some urgent or reasonable cause.

VIII. Of the ordering of certaine parts of the Service.

ALso the Minister reading the Lessons, Epistle and Gospell, and the Ten commandements, [Page 18] and such other parts of Divine Service, as doe greatly tend to the edifying of the people; shall so place himselfe, & so turne him to the people, as they may best hearken thereunto, and be edified by the same. And every Beneficiary and Curate, shall endeavor, that the confession of sinnes & absolution, & all the second service, (at or before the communion, to the Homily or Sermon) where the people all, or most, are Irish, shalbe used in English first, and after in Irish, if the Ordinary of the place, shall so thinke meete.

IX. Beneficed Preachers being resident upon their Livings, to preach every Sunday.

EVery beneficed man, allowed to bee a Preacher, and residing on his Benefice, having no lawfull impediment, shall in his owne cure, preach one Sermon every Sunday of the yeare: And therein hee shall teach no vaine opinions, no Heresies, nor Popish errors, disagreeing from the Articles [Page 19] of Religion, generally received in the Churches of England and Ireland; nor any thing at all, whereby the people may be stirred up to the desire of novelties or contention: but shall soberly & sincerely divide the Word of truth, to the glory of GOD, and to the best edification of the people.

X. No publique opposition betweene Preachers.

IF any Preacher shall in the Pulpit, particularly, or namely, of purpose, impugne or confute any doctrine delivered by any other Preacher in the same Church, or in any other neare adjoyning; or otherwise make any publique opposition unto him, before hee hath acquainted the Bishop of the Diocesse therewith, & received order from him what to doe in that case, (because upon such publique dissenting and contradicting, there may grow much offence and disquieting to the people;) the Churchwardens, or partie grieved, shall forthwith signifie the same to [Page 20] the said Bishop, and not suffer the said Preacher any more to occupy that place which he hath once abused, except he faithfully promise to forbeare all such matter of contention in the Church, untill the Bishop hath taken further order therein: who shall with all convenient speed so proceede therein, that publique satisfaction may be made in the Congregation where the offence was given. Provided that if either of the parties offending, doe appeale, he shall not be suffered to preach pendente lite.

XI. Ministers to catechize every Sunday.

EVery Parson, Vicar, or Curate, upon every Sunday before Evening Prayer, shall for halfe an houre, or more, examine and instruct the youth and ignorant persons of his Parish, in the Ten commandements, the Articles of the beliefe, & in the Lords prayer; and shall diligently heare, and instruct and teach them the Catechisme, set forth in the [Page 21] booke of Common prayer. And all Fathers, Mothers, Masters and Mistresses, shall cause their children, servants and apprentises, which have not learned the Catechisme, to come to Church at the time appointed, obediently to heare, and to be ordered by the Minister, untill they have learned the same. And if any Minister neglect his duty herein, let him be sharpely reproved upon the first complaint and true notice thereof given to the Bishop or Ordinary of the place. If after submitting himselfe, hee shall wilfully offend therein againe, let him be suspended. If so the third time, there being little hope that he will be therein reformed, then excommunicated, and so remaine untill he will be reformed. And likewise if any of the said Fathers, Mothers, Masters or Mistresses, children, servants or apprentices shall neglect their duties, as the one sort in not causing them to come, and the other in refusing to learne, as aforesaid, let them be suspended (if they be not children,) and if they so persist by the space of a moneth, let them be excommunicated. Neither shall the Minister admit any to be marryed, or to be [Page 22] God-fathers or God-mothers, at the Baptisme of any childe; or to receive the holy Communion, before they can say the Articles of the beliefe, the Lords prayer, and the Commandements, in such a language as they understand.

XII. The people to be informed in the body of Christian Religion, and reformed in their conversation.

FOR the better grounding of the People in the Principles of Christian Religion, Wee ordaine, that the heads of the Catechisme, being divided into so many parts as there are Sundayes in the yeare, shalbe explained to the people in every Parish Church. In the handling whereof, the Ministers and Curates are to use such moderation, that they doe not runne into curious questions, or unnecessary controversies, but shortly declare, and confirme the doctrine proposed, and make application thereof to the behoofe of the hearers. The Ministers also in all their preachings, [Page 23] and catechizings, and private conferences, when neede requireth, shall teach the people to place their whole trust and confidence in GOD, and not in Creatures, neither in the Habite or Scapular of any Fryer, or in hallowed Beads, Medals, Reliques, or such like trumperyes. They shall doe their endeavour likewise to roote out all ungodly, superstitious, and barbarous customes; as using of charmes, sorcery, inchantments, witchcraft, or soothsaying; and generally to reforme the manners of the people committed to their charge, unto a Christian, sober, and civill conversation.

XIII. Preachers and Lecturers to reade Divine Service, and administer the Sacraments twice a yeare at the least.

EVery Minister being possessed of a Benefice, that hath cure and charge of Soules, although he cheifly attend to preaching, and hath a Curate under him, to execute other duties, which are to be performed for [Page 24] him in the Church; and likewise every other stipendary Preacher, that readeth any Lecture, or catechizeth, or preacheth in any Church or Chappell, shall twice at the least every yeare, reade himselfe the Divine Service, upon two severall Sundayes, publiquely, and at the usuall times both in the forenoone and afternoone, in the Church which he so possesseth, or where he readeth, catechizeth, or preacheth, as is aforesaid; and shall likewise as often in every yeare administer the Sacraments of Baptisme (if there be any to be baptized) and of the Lords Supper, in such manner and forme, and with the use and observation of all such rites, ornaments, and ceremonies, as are prescribed by the booke of Common prayer, (& the Act for uniformity printed therewith) in that behalfe, which if he doe not accordingly performe, then shall he that is possessed of a Benefice (as before) be suspended; & he that is but a Reader, Preacher, or Catechizer, be removed from his place by the Bishop of the Diocesse, untill he or they shall submit themselves to performe all the said duties, in such manner and sort, as before is prescribed.

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XIIII. Ministers not to refuse to Christen, or Bury.

NO Minister shall refuse or delay [...]o christen any Childe, according to the forme of the booke of Common Prayer, that is brought to the Church to him on Sundayes or Holydayes to be christened; or to bury any Corps, that is brought to the Church or Churchyard, (convenient warning being given to him thereof before,) in such manner as is prescribed in the said booke of Common prayer. And if he shall refuse to christen the one, or bury the other, (except the party deceased were denounced excommunicated majori excommunicatione, for some greivous and notorious crime, and no man able to testifie of his repentance,) he shalbe suspended by the Bishop of the Diocesse from his Ministery by the space of three moneths.

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XV. Ministers not to deferre christening, if the childe be in danger.

IF any Minister, being duely (without any manner of collusion) informed of the weakenes and danger of death of any Infant unbaptized in his Parish, and thereupon desired to goe or come to the place where the said Infant remaineth, to baptize the same, shall either wilfully refuse so to doe, or of grosse negligence shall so deferre the time, as when hee might conveniently have resorted to the place, and have baptized the said Infant, it dyeth through such default unbaptized: The said Minister shalbe suspended for three moneths, and before his restitution, shall acknowledge his fault, and promise before his Ordinary, that he will not wittingly incurre the like againe. Provided, that where there is a Curate or a Substitute, this Constitution shall not extend to the Parson or Vicar himselfe, but the Curate or Substitute present.

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XVI. Fathers not to be Godfathers in Baptisme, nor Children not communicants.

NO Parent shalbe urged to present, not be admitted to answere as Godfather for his owne Childe; nor any Godfather or Godmother shalbe suffered to make any other answere or speach, then by the booke of Common Prayer is prescribed in that behalfe. Neither shall any person be admitted Godfather, or Godmother to any Childe, at Christening or Confirmation, before the said person so undertaking, hath received the holy Communion.

XVII. Confirmation, or laying hands upon Children, to be performed by the Bishop, once in three yeares.

EVery Minister that hath cure and charge of Soules, for the better accomplishing of the Orders prescribed in the booke [Page 28] of Common Prayer, concerning Confirmation, shall take such speciall care, as that none may be presented to the Bishop, for him to lay his hand upon, but such as can render an account of their faith, according to the Catechisme in the said booke contained. The Bishop also in his owne person, every third yeare (at least) in the time of his Visitation, shall performe that duty of Confirmation; or if in that yeare, by reason of some infirmity, he be not able personally to visit his Diocesse, he shall not omit to doe it the next yeare after, as he may conveniently. And whensoever the time shall by him be assigned, every such Minister shall use his best endeavour to prepare and make able, and likewise to procure as many as he can, to be then brought to be confirmed.

XVIII. Of the receiving of the holy Communion.

IN every Cathedrall and Collegiate Church, at least once every moneth, and in every Parish Church and Chappell, [Page 29] where Sacraments are to be admitted within this Realme, the holy Communion shall be ministred by the Parson, Vicar, or Minister, so often, and at such times as every Parishioner may communicate at the least thrice in the yeare, (whereof the feast of Easter to be one) according as they are appointed by the booke of Common Prayer. And that no Minister when he celebrateth the Communion, shall wittingly administer the same to any but such as kneele: Provided that every Minister as often as he administreth the Communion, shall first receive the Sacrament himselfe. Furthermore, no bread, nor wine newly brought shalbe used, but first the words of Institution shalbe rehearsed, when the said bread and wine be presented upon the Communion Table. Likewise the Minister shall deliver both the bread and wine to every communicant, severally.

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XIX. VVarning to be given before hand for the Communion.

WHereas every Lay person is bound to receive the holy Communion thrice every yeare, and many notwithstanding doe not receive that Sacrament once in a yeare. Wee doe require every Minister to give warning to his Parishioners, publiquely in the Church, at Morning Prayer the Sunday before every time of his administring the holy Sacrament, for the better preparation of themselves. Which said warning, wee enjoyne the said Parishioners to accept and obey under the penalty and danger of the Law. And the Minister of every Parish, and in Cathedrall and Collegiate Churches, some principall Minister of the Church, shall the afternoone, before the said administration, give warning by tolling of the Bell, or otherwise, to the intent, that if any have any scruple of conscience, or desire the speciall ministery of reconciliation, he may afford it to those that [Page 31] neede it. And to this end, the people are often to be exhorted, to enter into a speciall examination of the state of their owne soules: and that finding themselves either extreame dull, or much troubled in minde, they doe resort unto Gods Ministers, to receive from them aswell advise and counsell for the quickning of their dead hearts, and the subduing of those corruptions, whereunto they have beene subject, as the benefit of absolution likewise, for the quieting of their consciences, by the power of the Keyes, which Christ hath committed to his Ministers for that purpose.

XX. Notorious offenders not to be admitted to the Communion.

NO Minister shall in any wise admit to the receiving of the holy Communion any of his cure, or flocke, which be openly knowne to live in sinne notorious, without repentance. Nor any who have maliciously and openly contended with their Neighbours, untill they shalbe reconciled. [Page 32] Nor any Churchwardens or Sidemen, who having taken their Oathes, to present their Ordinaries all such publique offences, as they are particularly charged to inquire of in their severall Parishes, shall (notwithstanding their said Oathes, and that their faithfull discharging of them is the chiefest meanes whereby publique sinnes and offences may be reformed and punished) wittingly and willingly, desperately and irreligiously incurre the horrible crime of perjury, either in neglecting, or refusing to present such of the said enormities and publique offences, as they know themselves to be committed in their said Parishes; or are notoriously offensive to the Congregation there, although they be urged by some of their Neighbours, or by their Minister, or by their Ordinary himselfe, to discharge their consciences by presenting of them, and not to incurre so desperately the said horrible sinne of perjury.

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XXI. Ministers not to preach, or administer the Communion in private houses.

NO Minister shall preach, or administer the holy Communion in any private house, except it be in times of necessity, when any being either so impotent, as he cannot goe to the Church, or very dangerously sicke, are desirous to be partakers of that holy Sacrament, under paine of suspension for the first offence, and excommunication for the second. Provided, that houses are here reputed for private houses, wherein are no Chappels dedicated and allowed by the Ecclesiasticall Lawes of this Realme. And provided also under the paine before expressed, that no Chaplaines doe preach, or administer the Communion in any other places but in the Chappels of the said houses, and that also they doe the same very seldome upon Sundayes and Holydayes. So that both the Lords and Masters of the said houses, and their families, shall at [Page 34] other times resort to their own Parish Churches, and there receive the holy Communion at the least once every yeare.

XXII. Ministers not to hold private Conventicles.

FOrasmuch as all Conventicles and secret meetings of Priests and Ministers, have beene ever justly accounted very hurtfull to the state of the Church wherein they live: Wee doe now ordaine and constitute, that no Priests or Ministers of the Word of GOD, nor any other persons, shall meete together in any private house, or elswhere, to consult upon any matter or course to be taken by them, or upon their motion or direction by any other, which may any way tend to the impeaching or depraving of the doctrine of the Church of Ireland, or of the booke of Common prayer, or of any part of the government and discipline now established in the Church of Ireland, under paine of excommunication.

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XXIII. Of ordering Ecclesiasticall Iurisdiction.

NO Archbishop, Bishop, or other person whatsoever, having Ecclesiasticall Iurisdiction, shall appoint, constitute, make and confirme any Chancellour, Commissary, or Officiall for longer time then their owne incumbency, except he be of the full age of twenty sixe yeares at least, and one that is learned in the Civill and Ecclesiasticall lawes, & is at the least a Master of Arts, or Bachelour of law, and is reasonably well practised in the course thereof. Neither shall they let their Iurisdictions to farme, or grant, or confirme to any man, the next, second, or third advowson of any Prebend or Benefice, being in their gift. And if they shall make or confirme any such grant or Patent of the place of Chancellour, Commissary, or Officiall, for longer terme, then during their Incumbency, to any that is not qualified, as is hereby required, then the said person so accepting the said Patent [Page 36] or Grant, is to be held and declared uncapable thereof, to all intents whatsoever. Lastly, the said Archbishops and Bishops, shall provide, that the Clergie and people be not burthened with unjust exactions by their servants and Officers in their Visitations: And that neither the Archbishops therein, shall charge their Suffragans, nor the Bishops their Clergie, with any Noctials, or Refections, over and above their ordinary procurations, (reserving notwithstanding unto the Archbishops in their Visitations, the Refections usually heretofore received in those Diocesses, where the same procurations are not received by them, which are yearely payde by the Clergie unto their Bishops.) And that no Archbishop, or Bishop, shall demaund from the Executors or Administrators of any of their Clergie, any Heriots or mortuaries; as in some places of this Kingdome heretofore hath been accustomed.

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XXIIII. Of ordering the revenues of Ecclesiasticall persons.

NO Archbishop, Bishop, Deane and Chapter, or Dignitary, shall in any wise diminish the auncient revenues of their Sees, or Churches, nor alienate their Lands in fee farme, nor destroy their woods, nor give power to their Tennants to make waste thereof, nor by any devise, demise their Mensall or demeasne Lands, unlesse it be to their Curates, actually dischargeing the said Cures, without forty dayes absence in any one yeare, & to them for no longer time or terme, then during their owne Incumbency. Neither shall they joyne with any Dignitary, Prebend, or other Beneficiarie or Beneficiaries, to confirme the Leases or alienations, made or to be made, by him or them, of any Ecclesiasticall profits or obventions. And the said Archbishops, and Bishops, shall carefully provide, that all Churches, Chancels, and Manse-houses, the repaire whereof properly belongeth to [Page 38] them, or any of them; or to any other Ecclesiasticall person or persons; be from time to time preserved from ruine and decay.

XXV. Of Archdeacons.

EVery Archdeacon which hath authority to visit, either by common right, or by prescription, shall visit the precinct of his Iurisdiction, once every yeare, in his owne person, and he shall not substitute any to bee his Officiall, but such a one as hath beene brought up in the Vniversitie, & hath studied the Civill Law (if such a one may be had) being able not onely in learning, but also with gravity and modesty to discharge that Office.

XXVI. Residence of Deanes in their Churches.

EVery Deane, Master, or Warden, or chiefe Governour of any Cathedrall or Collegiate Church, shall be resident in his [Page 39] said Cathedrall or Collegiate Church, fourescore and ten dayes, conjunctim aut divisim, in every yeare at least, so that they have houses, or ground to build houses upon, belonging to their Churches; and then shall continue there in preaching of the Word of GOD, and keeping good hospitality, (except he shall be otherwise letted with weightie and urgent causes, to be approved by the Bishop of the Diocesse.) And when he is present, he, with the rest of the Canons or Prebendaryes resident, shall take speciall care, that the Statutes and laudable customes of their Church, (not being contrary to the Word of GOD, or prerogative Royall) the Statutes of this Realme being in force-concerning Ecclesiasticall Orders, and all other constitutions, now set forth and confirmed by his Majesties authority, and such as shall be lawfully enjoyned by the Bishop of the Diocesse in his Visitation, according to the Statutes and customes of the same Church, or the Ecclesiasticall Lawes of this Realme, be diligently observed. And that the Petty Canons, Vicars Choralls, and other Ministers of their Church, be urged to the study [Page 40] of the holy Scriptures, and every one of them to have the New Testament not onely in English, but also in Latine.

XXVII. Deanes and Prebendaries to preach during their residence.

THe Deane, Master, Warden, or other chiefe Governour, Prebendaries, and Canons in every Cathedrall, and Collegiate Church, shall not onely preach there in their owne persons, so often as they are bound by Law, Statute, Ordinance, or custome, but shall likewise preach in other Churches of the same Diocesse where they are resident, and especially in those places, whence they, or their Churches receive any yearely rents or profits. And in case they themselves be sicke, or lawfully absent, they shall substitute such licenced Preachers to supply their turnes, as by the Bishop of the Diocesse shall be thought meet to preach in Cathedrall Churches. And if any, otherwise neglect, or omit to supply his course, as is aforesaid, the offender shalbe punished by [Page 41] the Bishop, or by him or them, to whom the Iurisdiction of that Church appertaineth, according to the quality of the offence.

XXVIII. Prebendaries to be resident upon their Benefices.

NO Prebendaries, or Canons in Cathedrall or Collegiate Churches, having one or more Benefices with cure, (and not being residentaries in the same Cathedrall or Collegiate Churches) shall under colour of the said Prebends, absent themselves from their Benefices, with cure, above the space of one moneth in the yeare, unlesse it be for some urgent cause, and certaine time to be allowed by the Bishop of the Diocesse. And such of the said Canons and Prebendaryes, as by the Ordinances of the said Cathedrall or Collegiate Churches, doe stand bound to be resident in the same, shall so among themselves sort and proportion the times of the yeare, concerning residence to bee kept in the said Churches, as that some of them alwayes shall [Page 42] be personally resident there. And that all those who be, or shalbe Residentaries in any Cathedrall, or Collegiate Church, shall after the dayes of their residencie, appointed by their locall Statutes or customes, expired; presently repaire to their Benefices, or some of them, or to some other charge where the Law requireth their presence, there to discharge their duties, according to the Law in that ease provided. And the Bishop of the Diocesse shall see the same to be duely performed and put in execution.

XXIX. Foure solemne times appointed for the making of Ministers.

FOrasmuch as the ancient Fathers of the Church, led by the examples of the Apostles, appointed Prayers and Fasts to be used at the solemne ordering of Ministers, and to that purpose allotted certaine times, in which, onely sacred Orders might be given or conferred. Wee following their holy and religious example, doe constitute and decree, [Page 43] that no Deacons or Ministers be ordained and made, but onely upon the Sundayes, immediately following Iejunia quatuor temporum, commonly called Ember-weekes, appointed in ancient time for prayer and fasting, (purposely for this cause at their first Institution,) & so cōtinued at this day in the Church of Ireland: And that this be done in the Cathedral or Parish Church, where the Bishop resideth, and in the time of Divine Service, in the presence not onely of the Archdeacon, but of the Deane & two Prebendaries at the least, or (if they shall happen by any lawfull cause to be let or hindered) in the presence of foure other grave persons, being allowed for publique Preachers. And lastly that no person, of what qualitie or gifts soever, be made a Deacon and Presbyter both together upon the same day.

XXX. The Titles of such as are to be made Ministers.

NO person shalbe admitted into sacred Orders, except he shall at that time exhibite to the Bishop, of whom he desireth imposition of hands, a presentation of himselfe to some Ecclesiasticall preferment, then voyde in that Diocesse, or shall bring to the said Bishop, a true and [Page 44] undoubted certificate, that either he is provided of some Church within the said Diocesse, where hee may attend the cure of soules, or of some Ministers place vacant, either in the Cathedrall Church of that Diocesse, or in some other Collegiate Church therein also scituate, where he may execute his Ministery, or that he is a Senior Fellow of some Colledge in the Vniversitie, except he be a Master of Arts of five yeares standing, that liveth of his owne charge in the Vniversitie, or except by the Bishop himselfe that doth ordaine him Minister, he be shortly after to be admitted either to some Benefice or Curateship then voyde, not to be removed untill he be otherwise provided for; except by his notable evill carriage he deserve the contrary. And if any Bishop shall admit any person into the Ministery, that hath none of these Titles as is aforesaid, then he shall keepe & maintaine him with all things necessary, till he doe preferre him to some Ecclesiasticall Living. And if the said Bishop shall refuse so to doe, he shalbe suspended by his Archbishop, being assisted with another Bishop, from giving of Orders by the space of a yeare.

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XXXI. The quality of such as are to be made Ministers.

NO Bishop shall hereafter admit any person into sacred Orders, which is not of his owne Diocesse, except he be a gradua [...] of some Vniversitie within the Kings Dominions, or except he shall bring letters dimissory (so termed) from the Bishop of whose Diocesse he is; and desiring to be a Deacon, is three and twentie yeares olde, and to be a Presbyter foure and twentie yeares compleate: and hath taken some degree of Schoole i [...] some of the said Vniversities, or at the least, except he be able to yeild an account of his faith in Latine, (according to the Articles of Religion, generally received in the Church of England and Ireland, and to confirme the same by sufficient testimonies out of the holy Scriptures. And except moreover hee shall then exhibit letters Testimoniall, or Authenticall Certificate of his good life and conversation, under the Seale of some Colledge where before he remained, or of three or foure grave Ministers together, with the subscription and testimony of other credible persons, who have knowne his life and behaviour, by the space of three yeares next before.

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XXXII. The examination of such as are to be made Ministers.

THe Bishop, before he admit any person to holy Orders, shall diligently examine him in the presence of those Ministers that shall assist him at the Imposition of hands. And if the said Bishop have any lawfull impediment, he shall cause the said Ministers carefully to examine every such person, so to be ordered. Provided, that they who shall assist the Bishop in examining and laying on of hands, shalbe of his Cathedrall Church; if they may conveniently be had, or other sufficient Preachers of the same Diocesse, to the number of three at the least. And if any Bishop or Suffragan, shall admit any to sacred Orders, who is not so qualified and examined, as before we have ordayned, the Archbishop of that Province having notice thereof, and being assisted by one Bishop, shall suspend the said Bishop or Suffragan so offending, from making either Deacons or Priests, for the space of two yeares. Neither shall any person be received into the Ministery, nor admitted to any Ecclesiasticall Living, nor permitted to preach, reade Lecture, catechize, or Minister the [Page 47] Sacraments; except he shall first by subscription declare his consent to the first foure Canons of this present Synod, and every thing contayned therein.

XXXIII. Caution for institution of Ministers into Benefices.

NO Bishop shall institute any into a Benefice, who hath beene ordayned by any other Bishop, except he first shew unto him his letters of Orders, and bring him a sufficient testimony of his former good life and behaviour, if the Bishop shall require it, and lastly shall appeare upon the due examination to be worthy of his Ministry.

XXXIIII. Patrons of Ecclesiasticall Benefices.

THe Bishop shall earnestly and diligently exhort Patrons of benefices to consider the necessities of the Churches, and to have before their eyes the last day of judgement, and the Tribunall seat of God: Therefore that they preferre no man to any Ecclesiasticall living, but him which by doctrine, judgement, godlinesse, honesty and innocency of life, is able to beare so heavy a burthen, [Page 48] that they doe nothing therein, but uprightly, uncorruptly and truely: But if any Patron shalbe convicted to have made any Symoniacall contract either directly or indirectly, let him be excommunicated ipso facto, not to be absolved but after publicke penance in the Cathedrall Church, and the Church so Symoniacally presented unto.

XXXV. Prevention of Symoniacall contracts in those that are presented by them.

TO avoyde the detestable sinne of Symonie, because buying and selling of Ecclesiasticall functions, offices, promotions, dignities and livings is execrable before God, therefore the Archbishop, and all, and every Bishop or Bishops, or any other person or persons, having authority to admit, institute, collate, install, or to confirme the election of any Archbishop, Bishop, or other person or persons to any spirituall or Ecclesiasticall function, dignitie, promotion, title, office, Iurisdiction, place, or benefice, with cure, or without cure, or to any Ecclesiasticall living whatsoever, shall before every such admission, institution, collation, installation, or confirmation of election, [Page 49] respectively minister to every person thereafter to be admitted, instituted, collated, installed, or confirmed in or to any Archbishopricke or other spirituall or Ecclesiasticall function, dignity, promotion, title, office, Iurisdiction, place, or benefice with cure or without cure, or in any Ecclesiasticall living whatsoever, this Oath in manner and forme following, the same to bee taken by every one whom it concerneth in his owne person, and not by a Proctor. I N. N. doe sweare that I have made no Symoniacall payment, contract, or promise directly or indirectly, by my selfe, or by any other to my knowledge or with my consent, to any person or persons whatsoever, for or concerning the procuring and obtayning of this Ecclesiasticall dignity, place, preferment, office or living, (respectively and particularly, naming the same whereunto he is admitted, instituted, collated, installed, or confirmed) nor will at any time hereafter performe or satisfie any such kinde of payment, contract, or promise made by any other without my knowledge or consent, so helpe me God through IESVS CHRIST. And for the better repressing of this cursed abuse, We ordaine and appoint that if any Clerke, or any other with his consent shall Seale any bond or bill to any person [Page 50] or persons, with condition of resignation of his benefice, whereto he is to be, or hath bin presented, or shall make or covenant to make any Lease of the profits of the said benefice, or any part thereof unto the Patron or any belonging to him or any other person to his or their use, to continue during his Incumbencie, or for above three yeares, or with notable diminution of the rent under the true value, he shalbe holden for convict of Symony, and proceeded against according to the severitie of the auncient Canons in that behalfe.

XXXVI. Small Parishes to be united, and Residence enjoyned.

FOr remedy of the smallnesse of the maintenance of the Clergie, We ordaine that when there is in one Parish a Rectory & Vicarage, or portion of Tythes collative, The Bishop shall unite them perpetually: And those unions the Deanes and Chapters shalbe bound to confirme to remaine perpetually as one entire benefice, And that no dispensations be graunted to hold more than one benefice of greater value than forty pounds English per annum: but to such onely as [Page 51] shalbe very well able and sufficient to discharge his duty, having taken the degree of a Master of Art at least in some Vniversitie within his Majesties Dominions, and being a publicke and sufficient Preacher licenced. Provided that he who is qualified as aforesaid, shall alwayes reside in one of his benefices, and some reasonable time of every yeare in each of them. And lastly, that he have under him, where hee doth not reside a Curate able to Catechize, and instruct the people, to have such maintenance as to the Ordinary shall seeme fit.

XXXVII. Absence of beneficed men, and livings appropriated to be supplied by Curates that are allowed Preachers.

EVery beneficed man licenced by the Lawes of this Realme, (upon urgent occasions of other service,) not to reside upō his benefice, shall cause his Cure to bee supplyed by a Curate that is a sufficient, and licenced Preacher, if the worth of the benefice will beare it. But whosoever hath two benefices, shall maintaine a Preacher licenced, in the benefice where hee doth not reside, except he preach himselfe at both of them [Page 52] usually. Also every beneficed man not allowed to bee a Preacher, shall procure Sermons to be preached in his Cure once every Moneth at the least, by Preachers lawfully licenced, if his living in the judgment of the Ordinary will be able to beare it. And upon every Sunday, when there shall not be a Sermon preached in his Cure, he or his Curate shall reade one of the Homilies prescribed by authority, to the intents aforesaid. And as for those Churches where all the Tythes both great & small are taken by the Appropriator, Wee ordaine that the Bishop of the Diocesse according to the Lawes of the Church shall allot out of the said appropriation, such maintenance to a sufficiēt Curate, as in equitie in his discretion shall seeme meete and competent.

XXXVIII. None to be Curates but allowed by the Bishop.

NO Curate or Minister shalbe permitted to serve in any place without examination, & tryall first to be made of his sufficiency, sobriety and fitnesse every way for the ministration, whereunto hee is to be deputed. Having respect to greatnesse of the Cure, and meetenesse [Page 53] of the party. And being found worthy, he shalbe admitted by the Bishop of the Diocesse in writing under his hand and Seale. And the said Curates and Ministers, if they remove from one Diocesse to another, shall not be by any meanes admitted to serve, without testimony of the Bishop of the Diocesse or Ordinary of the place as aforesaid, whence they came, in writing of their honesty, ability and conformitie to the Ecclesiasticall Lawes of the Church of Ireland. Nor any shall serve more than two Churches or Chappels in one day, and those to be in a convenient distance, and unlesse the said Church or Chappell where such a Minister shall serve in two places, be not able in the judgement of the Bishop, or Ordinary, as aforesaid to maintayne a Curate, Provided that no Clergy man holding any benefice in title shall by this Constitution be debarred from nominating an able Curate, to such benefice so often as the said Cure shalbe voyde to be examined and admitted by the Bishop as aforesaid.

XXXIX. Strangers not admitted to preach without licence.

NEither the Minister, Churchwardens, or other Officers of any parochiall or Collegiate [Page 54] Church, shall suffer any stranger to preach unto the people in their Churches except they know him to be sufficiently authorised thereto, as is aforesaid. And if any in his Sermon shall publish any Doctrine, eyther strange, or disagreeing from the Word of GOD, or from the Articles of Religion generally received in the Churches of England and Ireland, they shall by their Letters subscribed with some of their hands that heard him, so soone as may be, give notice of the same to the Bishop of the Diocesse, that hee may determine the matter, and take such order therein as he shall thinke convenient.

XL. Ministers to conferre with Recusants.

EVery Minister being a Preacher, and having any popish Recusant or Recusants in his Parish; (and thought fit by the Bishop of the Diocesse,) shall labour diligently with them from time to time, thereby to reclayme them from their errors. And if he be not a Preacher, or not such a Preacher; the he shall procure, (if he can possible,) some that are Preachers so qualified, to take paines with them for that purpose. If hee can procure [Page 55] none; then hee shall informe the Bishop of the Diocesse thereof, who shall not onely appoint some neighbour Preacher, or Preachers adjoyning to take that labour upon them: but himselfe also (as his important affayres will permit him,) shall use his best indeavour by instruction, perswasion, and all good meanes hee can devise, to reclayme both them, and all other within his Diocesse so affected.

XLI. Ministers to visit the sicke.

WHen any person is dangerously sicke in any parish, (although they have not formerly resorted to the Church,) the Minister, or Curate, having knowledge thereof, shall resort unto Him or Her; (if the disease be not knowne or probably suspected to be infectious,) to instruct & cōfort them in their distresse, according to the order of the Communion Book, if he be no Preacher: Or if he be a Preacher, then as he shall thinke most needefull and convenient. And when any is passing out of this life, a Bell shalbe tolled, & the Minister shall not then slacke to doe his last dutie. And after the parties death, (if so it fall out,) there shalbe rung no more but [Page 56] one short peale, and one other before the buriall, and one other after the buriall.

XLII. Sobernesse of conversation, and decency of apparell repaired in Ministers.

NO Ecclesiasticall persons shall at any time other than for their honest necessities, so much as resort to any Taverns or Alehouses, neyther shall they board or lodge, in any such places. Furthermore they shall not give themselves to any base or servile labour, or to drinking or ryot, spending their time idlely by d [...]y or by night, nor shall they give themselves to playing at Dice, Cardes, or Tables, or any other game unbeseeming their function; but at all times convenient they shall heare or reade somewhat of the holy Scriptures, or shall occupy themselves with some other honest study or exercise, alwayes doing the things which shall appertayne to honesty, and ende [...]voring to profit the Church of God, having alwaies in minde that they ought to excell others in purity of life, and should be examples to the people to live well and Christianly, under paine of Ecclesiasticall censures to be inflicted [Page 57] with severi [...]ie according to the qualities of their offences. Wee doe likewise constitute and appoint, that Archbishops and Bishops shall not i [...] tennit to use the accustomed apparell of their d [...] grees. Likewise all Deanes, Masters of Colledges, Archdeacons, and Prebendaries in Cathedrall and Collegiate Churches, (being Priests or Deacons) Doctors in Divinitie, Law, and Physicke, Bachellors in Divinitie, Masters of Artes, and Bachellors of Law having any Ecclesiasticall living, shall usually weare Gownes with standing-Collars, and Sleeves streight at the hands; or wyde sleeves, as is used in the Vniversities, with Hoods, or Tippets of silke or sarcenet, and square Caps in places and times convenient. And that all other Ministers, admitted or to bee admitted into that function, shall also [...]sually weare the like apparell as is aforesaid, except Tippets onely. We doe further in like manner ordayne, That all the said Ecclesiasticall persons above mentioned shall usually weare in their journyes, Cloakes with sleeves, commonly called Priests-cloakes, without gards, welts, long buttons, or cuts. And no Ecclesiasticall persons shall weare any Coyfe, or wrought Night-cap, but onely plaine Night-caps of blacke Silke, Sattin, or Velvet. In all which particulars [Page 58] concerning the Apparell here prescribed, our meaning is not to attribute any holinesse, or speciall worthinesse to the said Garments, but for decencie, gravitie and order. In private houses, and in their studies, the said persons Ecclesiasticall may use any comely and Schollerlike Apparell. Provided that it be not cut or pinke, & that in publike they goe not in their Dublet and Hose without Coats, or Cassocks: And also that they weare not any light coloured Stockins.

XLIII. Of consecration of Churches.

AS often as Churches are newly built, where formerly there were not, or Church yards appointed for buriall, they shalbe Dedicated and Consecrated. Provided that the ancient Churches and Church-yards, shall not be put to any base and unworthy use.

XLIIII. A Terrier of Gleabe-lands, and other possessions belonging to Churches.

WE ordayne that the Archbishops and all Bishops within their severall Diocesses; shall procure as much as in [Page 59] them lyeth, that a true note and Terrier of all the Lands, Gleabes, Meadowes, Gardens, Orchards, Houses, Stocks, Implements, Tenements and portions of Tythes, and all rights whatsoever which are in possession, or of right doe belong to their severall Sees, or to any dignitie Parsonage, or Vicarage, or rurall Prebend, within any of their Diocesses be taken by the view of honest men in every Parish, by the appointment of the said Archbishops or Bishops whereof the Minister to be one, and be layd up in their severall Registries to the use of posteritie. And the Archbishops & Bishops shall in their Visitations carefully provide, that this Canon be observed, & that the said Terrier be renewed every ten yeares. And no Minister shall make any Lease of his Gleabe lands, or of his benefice, or the profits or meanes therof, above the terme of three yeares at the uttermost, saving unto all Patentees from his Majesty such power as is, or hereafter shalbe granted to them in their Patents, to demise their Gleabe or any part thereof.

XLV. Payment of Tythes.

FOrasmuch as every man is bound to pay his Tythes, no man shall by colour of dutie [Page 60] omitted by their Curats, detayne their Tythes, and so requite one wrong with another, or be his owne Iudge, but shall truely pay the same as hath beene accustomed, to their Parsons, Vicars & Curats, without any restraynt or diminution. And for such lacke & default, as they can justly find, in their Parsons Vicars and Curats, they shall seeke for reformation to their Ordinaries, and other Superiors, who upon complaint & doe proofe thereof, shall reforme the same accordingly.

XLVI. A Registry to be kept of Christnings, VVeddings, and Burials.

IN every Parish Church and Chappell withi [...] this Realme, shalbe provided one parchment Booke; at the charge of the Parish, wherein shalbe written, the day and yeare of every Christning, Wedding, and Buriall, which shalbe in the parish, from the time that this Canon shalbe established. And for the safe keeping of the said Book, the Church-wardens, at the charge of the parish, shall provide one sure Coffer, with three Lockes and keyes, whereof the one to remayne with the Minister, & the other two with the Church-wardens [Page 61] [...]: So that neyther the Minister without the Church-wardens, nor the Church-wardens without the Minister, shall at any time take that booke out of the said Coffer. And henceforth, upon every Sabbath-day, immediately after Morning, or Evening prayer, the Minister & Church-wardens; shall take the said parchment Booke out of the said Coffer: And the Minister in the presence of the Church-wardens shall write and Record in the said Booke, the names of all persons Christned, together with the names & surnames of their parents, & also the names of all persons, Marryed and Buried in that parish the weeke before, by the Minister or his Curate, & the day and the yeare of every such Christening, Marryage & Buriall. And that done, they shall lay up the bo [...]k in the Coffer, as before. And the Minister, and Church-wardens, unto every page of that booke, (when it shalbe filled with such inscriptions) shal subscribe their names. And the Church-wardens shall once every yeare, within one Moneth after the 25. day of March, transmit unto the Bishop of the Diocesse, or his Chancellor, a true Copy of the names of all persons Christened, Married, or buried, in their parish in the yeare before (ended the said 25. day of March,) and the certayne dayes [Page 62] and Moneths, in which every such Christening, Mariage and Buriall was had, to be subscribed with the hands of the said Minister and Church-wardens, to the end the same may faithfully be preserved in the Registry of the said Bishop, which Certificate shalbe received without Fee. And if the Minister or Church-wardens shalbe negligent in the performance of any thing herein contayned, it shalbe lawfull for the Bishop, or his Chancellor to Convent them, and proceed against every of them, as contemners of this our Constitution.

XLVII. None to Marry within the degrees prohibited.

NO persons shall Marry within the degrees prohibited by the Lawes of GOD, and expressed in a Table set forth by authority in England, in the yeare of our Lord God 1563. And all Mariages so made and contracted, shalbe adjudged incestuous & unlawfull, & consequently shalbe dissolved; as voyde from the beginning. And the parties so maryed, shalbe by course of Law separated. And the aforesaid Table shalbe in every Church publikly set up, and fixed at the charge of the Parish.

[Page]

❧ THE TABLE OF DEGREES PROHIBITED IN MARRIAGE.

A Man may not marry his
	Secundus gradus in lineâ rectâ ascendente.
Consanguin.	Avia.	1	Grandmother.
Affinit.	Avi relicta.	2	Grandfathers wife.
af.	Prosocrus vel socrus magna.	3	Wiues Grandmother.
	Secundus gradus inaequalis, in lineâ transversali ascendente.
Cons.	Amita.	4	Fathers Sister.
cons.	Matertera.	5	Mothers Sister.
af.	Patrui relicta.	6	Fathers Brothers wife.
af.	Avunculi relicta.	7	Mothers Brothers wife.
af.	Amita uxoris.	8	Wiues fathers Sister.
af.	Matertera uxoris.	9	Wiues Mothers Sister.
	Primus gradus in lineâ rectâ ascendente.
Cons.	Mater.	10	Mother.
af.	Noverca.	11	Stepmother.
af.	Socrus.	12	Wiues Mother.
	Primus gradus in lineâ rectâ descendente.
Cons.	Filia.	13	Daughter.
af.	Privigna.	14	Wiues Daughter.
af.	Nurus.	15	Sonnes Wife.
	Primus gradus aequalis in lineâ transversali.
Cons.	Soror.	16	Sister.
af.	Soror uxoris.	17	Wiues Sister.
af.	Fratris relicta.	18	Brothers Wife.
	Secundus gradus in lineâ rectâ descendente.
Cons.	Neptis ex filio.	19	Sonnes Daughter.
cons.	Neptis ex filiâ.	20	Daughters Daughter.
af.	Pronurus .i. relicta nepotis ex filio.	21	Sonnes Sonnes wife.
af.	Pronurus .i. relicta nepotis ex filiâ.	22	Daughters Sonnes wife.
af.	Privigni filia.	23	Wiues Sonnes daughter.
af.	Privignae filia.	24	Wiues daughters daughter.
	Secundus gradus inaequalis, in lineâ transversali descendente.
Cons.	Neptis ex fratre.	25	Brothers Daughter.
cons.	Neptis ex sorore.	26	Sisters daughter.
af.	Nepotis ex fratre relicta.	27	Brothers sonnes wife.
af.	Nepotis ex sorore relicta.	28	Sisters sonnes wife.
af.	Neptis uxoris ex fratre.	29	Wiues brothers daughter.
af.	Neptis uxoris ex sorore.	30	Wiues sisters daughter.

A Woman may not marry her
			Secundus gradus in lineâ rectâ ascendente.
1	Grandfather.	Cons.	Avus.
2	Grandmothers Husband.	af.	Aviae relictus.
3	Husbands Grandfather.	af.	Prôsocer, vel socer magnus.
			Secundus gradus inaequalis, in lineâ transversali ascendente.
4	Fathers Brother.	Cons.	Patruus.
4	Mothers Brother.	cons.	Avunculus.
6	Fathers Sisters husband.	af.	Amitae relictus.
7	Mother Sisters husband.	af.	Materterae relictus.
8	Husbands Fathers brother.	af.	Patruus mariti.
9	Husbands mothers brother.	af.	Avunculus mariti.
			Primus gradus in lineâ rectâ ascendente.
10	Father.	Cons.	Pater.
11	Stepfather.	af.	Vitricus.
12	Husbands father.	af.	Socer.
			Primus gradus in lineâ rectâ descendente.
13	Sonne.	Cons.	Filius.
14	Husbands sonne.	af.	Privignus.
15	Daughters husband.	af.	Gener.
			Primus gradus aqualis in lineâ transver [...].
16	Brother.	Cons.	Frater.
17	Husbands brother.	af.	Levir.
18	Sisters husband.	af.	Sororis relictus.
			Secundus gradus in lineâ rectâ descenden [...]e.
19	Sonnes sonne.	Cons.	Nepos ex filio.
20	Daughters sonne.	cons.	Nepos ex filiâ.
21	Sonnes daughters husband.	af.	Progener .i. relictus neptis ex filio.
22	Daughters daughters husbād	af.	Progener .i. relictus neptis ex filiâ.
23	Husbands Sonnes sonne.	af.	Privigni filius.
24	Husbands daughters sonne.	af.	Privignae filius.
			Secundus gradus in [...]qualis, in lineâ transversali descendente.
25	Brothers sonne.	Cons.	Nepos ex fratre.
26	Sisters sonne.	cons.	Nepos ex sorore.
27	Brothers daughters husband.	af.	Neptis ex fratre relictus.
28	Sisters daughters husband.	af.	Neptis ex sorore relictus.
29	Husbands brothers sonne.	af.	Leviri filius. i. nepos mariti ex fratre.
30	Husbands Sisters sonne.	af.	Gloris filius .i. nepos mariti ex sorore.

1. IT is to be noted, that those persons which be in the direct line ascendent and descendent, cannot marry together, although they bee neuer so farre asunder in degree.
2. It is also to be noted, that Consanguinity and affinity (letting & dissoluing Matrimony) is contracted as well in them, and by them which be of kindred by the one side, as in and by them which be of kindred by both sides.
3. Item, that by the Lawes, Consanguinity and affinity (letting and dissoluing Matrimony) is contracted aswell by vnlawfull company of Man and Woman, as by vnlawfull marriage.

LEVITIC. XVIII. and XX.

None shall come neare to any of the kinred of his flesh to uncover her shame: I am the Lord.

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XLVIII. None to marry under XXI. yeares without their Parents consent.

NO Children under the age of XXI. yeares compleat shall contract themselves, or Marry without the consent of ther Parents, or of their guardians and Governours if their Parents be deceased.

XLIX. Securitie to be taken at the granting of such Licences, and under what conditions.

THe security mētioned shall cōtaine these cō ditions: First, that at the time of the granting every such licence, there is not any impediment of precontract, consanguinitie, affinitie, or other lawfull cause, to hinder the said mariage: Secondly, that there is not any controversie or suite depending in any Court before any Ecclesiasticall Iudge, touching any contract or mariage, of eyther of the said parties with any other. Thirdly, that they have obtayned thereunto the expresse consent of their Parents, (if they be living,) or otherwise of their guardians or Governours. [Page 64] Lastly, that they shall celebrate the said Matrimony publikely, in the parish Church or Chappell, where one of them dwelleth, and in no other place; & that, betweene the houres of eight and twelve in the forendo [...]: Neyther in the time of Lane, [...]or of any publike fast, nor of [...]e solemne festivities of the Nativity, Resurrection, & Ascension of our Lord, or of the Descension of the holy Ghost.

L. Oathes to taken for the Conditions.

FOr the avoyding of all fraude and collusion, in the obtayning of such licences and dispensations; We further constitute and appoint, that before any licence for the celebration of Matrimonie, without publication of Bannes, be had and granted, it shall appeare to the Iudge, by the Oathes of two sufficient witnesses one of them to be knowne to the aforesaid Iudge himselfe, or to some other person, of good reputation then present, and knowne likewise to the laid Iudge That the expresse consent of the parents, or parent, (if one be dead,) or guardians or guardian of the parties, is thereunto had and obtayned. And furthermore, that one of the parties personally [Page 65] sweare, that he beleeveth there is no lett or impediment, of pro [...]ct, kindred or allyance, or of any other lawfull cause whatsoever; nor any suite cōmenced in any Ecclesiasticall Court, to barre, or hinder the proceeding of the said Matrimony, according to the Tenor of the aforesaid Licenc [...].

LI. An exception for those that are in VViddowhood.

IF both the parties, which are to many, being in Widdow-hood, doe seeke a faculty, for the forbearing of Bannnes; Then the clause before mentioned, requiring the parents consents, may be omitted, but the parishes where they dwell both, shalbe expressed in the Licence, as also the parish named, where the mariage shalbe celebrated: And if any, having power to grant licence; shall offend in the promises, or any part thereof, hee shall for every time so offending, be suspended from the execution of his Office, for the space of sixe Moneths: & every such licence or dispensation, shalbe held voyde to all effects & purposes, as if there had never bin any such granted; & the parties marying by vertue therof, shalbe subject to the punishmēts which are appointed for Glandestine mariages.

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LII. Ministers not to marry any person without Bannes.

NO Minister of what place soever, nor under colour of any peculiar libertie or priviledge, claymed to appertayne to any Church or Chappell, shall upon paine of deprivation, if he be beneficed, or degradation, if hee be not beneficed, celebrate Matrimony between any persons, without a facultie or licence granted, except the bannes of Matrimony have been first published three severall Sundayes or holy dayes, in the time of Divine Service, in the parish Churches & Chappels, wherein the said parties have dwelled, by the space of three Moneths before. Neither shall any Minister upon the like paine, under any pretence whatsoever, joyne any persons in maryage at any unseasonable times, but onely between the houres of eight and twelve in the forenoone, nor in any private place; but eyther in the said Churches or Chappels, where one of them dwelleth, and likewise in time of Divine Service, nor when bannes are thrice asked before the parties and Governors of the parties to be maryed being under the age of 21. yeares, shall eyther personally [Page 67] or by sufficient testimony, signifie to him their consents given to the said maryage.

LIII. No sentence for Divorce to be given upon the sole confession of the parties.

FOrasmuch as Matrimoniall 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 judgement, especially in causes wherein Matrimony, having beene in the Church duly solemnized, is required upon any suggestion, or pretext whatsoever, to be dissolved or annulled. Wee doe straightly charge and enjoyne, that in all proceedings to Divorce, and nullities of Matrimonie, good circumspection and advise be used, and that the truth may (as farre as is possible) be sifted out, by the deposition of witnesses, and other lawfull proofes and evictions, and that credit be not given to the sole confession of the parties themselves, howsoever taken upon Oath, eyther within or without the Court.

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LIIII. No sentence of Divorce to be given but in open Court.

NO sentence shalbe given, eyther for separation, à Thoro & Mensâ, or for annulling of pretended Matrimony, but in open Court, and in the seate of Iustice. And that with the knowledge, and consent, either of the Archbishop within his Province, or of the Bishop within his Diocesse, or Sede vacante, of the guardians of the spiritualties, or the Iudge of the Prerogative, in their severall Iurisdictions, and Courts, and concerning them onely, that are then dwelling under their Iurisdiction.

LV. In all sentences for Divorce, b [...]d to be taken for not marrying during each others life.

IN all sentences pronounced onely for Divorce and separation à Thoro & Mensâ, there shalbe a caution and restraynt inserted in the Act of the said sentence, That the parties so seperated shall live chastly, and continently, neyther shall they during each others life, contract Matrimonie with [Page 69] any other person, and for the better observing of this lost clause, the said sentence of Divorce shall not be pronounced, untill the party, or parties requiring the same, have given good sufficient caution and securitie into the Court, that they will not any way breake, or transgresse the said restraynt or prohibition. And if any Iudge aforesaid giving sentence of Divorce, or separation, shall not fully keepe and observe the premises, he shalbe suspended from the exercise of his Office, for the space of a whole yeare.

LVI. The order of Iurisdictions to be kept.

FOr the avoyding of the unjust vexation of the people, and for the better preserving of order in the exercise of Ecclesiasticall Iurisdiction, Wee ordayne and appoint that the Probate of all Wills, and granting Administration of the goods of any Defunct, shalbe had before the Bishop of the Diocesse where he 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, shalbe referred to the Prerogative Court. Provided, That if any die, in itinere, the [Page 70] 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 shalbe 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, shalbe held voyde and frustrate: which expences if the said Iudge, or Register or Apparitor shall refuse accordingly to pay, he shalbe 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 shalbe hereafter granted out of any the Archbishops, [Page 71] 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 shalbe 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 [Page 72] 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 shalbe 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 [Page 73] 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.

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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.

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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 [Page 76] 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 Bishop, or his Chancellor, the names & surnames of all the parishioners, aswell Men as Women; which being at the age of sixteene yeares, received not the Communion at Easter before.

LXIIII. Ministers may present.

BEcause it often commeth to passe, that the Church-wardens, Side-men, Quest-men, and such others of the Laytie, as are to take care for the suppressing of sinne and wickednesse, in their severall parishes, asmuch as in them lyeth, by admonition, reprehension, and denunciation to [Page 77] their Ordinaryes, doe forbeare to discharge their duties therein, eyther through feare of their Superriors, or through negligence (more than were fit,) the licenciousnesse of these [...] considered. We ordayne, that hereafter every Parson and Vicar, or in the lawfull absence of any Parson, or Vicar, the [...] their Curats & substituts may joyne in every presentment, with the said Church-wardens, Side-men, and the rest above mentioned, at the times hereafter limitted, if the said Church-wardens & the rest will present such enormities, as are apparant in the parish; or if they will not, then every such Parson and Vicar, or in their absence, as i [...] aforesaid, their Curats may themselves present to their Ordinaryes, at such times, and when else they thinke is meete, all such crimes, an they have in change otherwise, as by them, (being the person that should have the chiefe care for the suppressing of sinne, and impiety in their parishes, shalbe thought to require due reformation. Provided alwayes, that if any one confesse his secret & hidden sinne to the Minister, for the unburthening of his Conscience, and to receive spirituall consolation and ease of his minde from him, We doe not any way binde the said Minister, by this our Constitution, but doe straightly charge and admonish him, [Page 78] that hee doe not at any time reveale, and make knowne to any person whatsoever, any crime, or offence so committed to his trust and secrecy, (except they be such crimes, as by the Lawes of this Realme h [...]s owne life may be called into question for concealing of the same) under paine of irregularity.

LXV. Ministers, and Church-wardens not to be sued for presenting.

WHereas for the reformation of criminous persons, and disorders in every parish, the Church-wardens, Questmen, Side-men, and such other Officers, as are sworne, and the Minister charged to present, aswell 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 doe admonish and exhort all Iudges, both Ecclesiasticall and temporall, as they regard and reverence the fearefull judgement seat of the highest Iudge, that they admit not in any of their Courts, any complaint, plea, suite, or suits, against any such Church-warden, [Page 79] Quest-men, Side-men, or other Church Officers, for making any such presentments, nor against any Minister for any presentment he shall make, tending to the restraynt of shamelesse impiety: & considering that the rules both of Charity and government, doe presume that they did nothing therein of malice, but for the discharge of their Conscience.

LXVI. Church-wardens not bound to present oftner than twice a yeare.

NO Church-wardens, Quest-men, or Side-men, of any parish shalbe inforced to exhibit their presentments to any, having Ecclesiasticall Iurisdiction, above once in every yeare, where it hath beene no oftner used, nor above twice in any Diocesse whatsoever; the Bishops visitation whereof to be one: for the which presentments of every parish Church or Chappell, the Register of any Court, where they are to be exhibited, shall not receive in one yeare above fourepence, under paine 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 shalbe lawfull [Page 80] for every Minister, Church-warden, and Side-men, to present offenders, as often as they shall thinke meate. And likewise, for any godly disposed person, or for any Ecclesiasticall Iudge upon knowledge, or notice given unto him or them of any enormious crime within his Iurisdiction, to move the Minister, Church-wardens, or Side-man, as they tender the glory of God, and reformation of sinne, to present the same, if they should finde sufficient cause to induce them thereunto; that it may be in due time punished and reformed. Provided, that for these voluntary presentments there bene Fee required, or taken of them, under th [...] paine aforesaid.

LXVII. Church-wardens not to be troubled, for not presenting oftner than twice a yeare.

NO Church-wardens, Quest-men, or Side-men, shalbe called or cited, but onely at the said time or times before limitted, to appeare before any Ecclesiasticall Iudge whosoever, for refusing at other times to present any faults committed in their parishes, and punishable by Ecclesiasticall Laws, Neyther shall they nor any of them, after their presentments exhibited at any of [Page 81] those times, be any fur [...]her troubled for the s [...]ne, except upon manifest, and evident proofe, it may appeare, that they did then, wittingly and willingly omitt to present some such publike crime or crimes, as they knew to be committed, or could not be ignorant, that there was then a publike same of them amongst divers honest, and well reputed persons, or unlesse there be very just cause to c [...]ll them, for the explanation of their former presentments in which case of wilfull omission, their Ordinaryes shall proceed against them, in such sort as in causes of wilfull perjury, in a Court Ecclesiasticall, is already by Law provided.

LXVIII. Convenient time to be assigned for framing Presentments.

FOr the avoyding of such inconveniences, as heretofore have happened, by the hasty making of bils of presentments, upon the dayes of the Visitation and Synods, it is ordered; That alway hereafter every Chancellor, Archdeacon, Commissary and Officiall, and every other person having Ecclesiasticall Iurisdiction, at the ordinarie time, when the Church-wardens are sworne; and the Archbishops and Bishops, when he or they do [Page 82] summon their Visitation, shall deliver or cause to be delivered to the Church-wardens, Quest-men, & Side-men of every parish, or to some of them, such Bookes of Articles, as they, or any of them shall require for the yeare following, the said Church-wardens, Quest-men, and Side-men, to ground their presentments upon; at such times as they are to exhibite them. In which Booke shalbe contayned, the forme of the Oath, which must be taken immediatly before every such presentment. To the intent, that having before hand, time sufficiēt not only to peruse, & consider what their said Oath shalbe, but the Articles also, wherupon they are to ground their presentments; they may frame them at home, both advisedly and truly, to the discharge of their owne Consciences, after they are sworne, as becommeth honest and godly men.

LXIX. None to be cited into Ecclesiasticall Courts by Proces of Quorum nomina.

NO Bishop, Chancellor, Archdeacon, Officiall or other Ecclesiasticall Iudge, shall suffer any generall Proces of Quorum nomine to be sent out of his Court, except the names of all such as are thereby to be cited, shall be first expressely [Page 83] 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 shalbe excommunicated for the first absence, but shalbe 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, shalbe publikely read, to the intent that they may avoyde the danger of the fearefull sentence [Page 84] of Excommunication. Which course also, We ordayne, shalbe 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 [Page 85] or depositiō from the Ministery, no such sentence shalbe 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 [Page 86] 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 [Page 87] the assignement or approbation of the Bishop of the Diocesse, as shalbe 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 [Page 88] 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, [Page 89] 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 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, shalbe suspended from the execution of their Offices, untill they shall take the said Oathes.

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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 shalbe 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 [Page 91] 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 shalbe 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 [Page 92] 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 [Page 93] 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 shalbe 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 [Page 94] 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 [Page 95] 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 shalbe allowed by lawfull authoritie in this kingdome: under paine that every such Iudge, Officer, or Minister offending therin, shalbe 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 [Page 96] Ecclesiasticall Iudge, shall place two Tables, contayning the severall rates, and summes of all the said Fees, one, in the usuall 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 perusall thereof, and take a Copy of them. And if any Register shall fayle to place the said Tables according to the Tenor hereof; within the space of a Moneth, after the same hath beene delivered to him, by the Bishop of the Diocesse; hee shalbe 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, (cōtrary to the true meaning of this Cōstitution,) he shall for every offence be suspended from the exercise of his office, for the space of sixe Moneths.

LXXXIIII. The whole Fees for shewing letters of orders, and other licences, due but once in every Bishops time.

FOrasmuch as a chiefe and principall cause, and use of Visitations, is, that the Archbishops, Bishops, [Page 97] or other assigned by them to visit, may get some good knowledge of the state, sufficiency and ability of the Clergy, & other persons whom they are to visit. We thinke it convenient that everie Parson, Vicar, Curate, Schoolemaster, 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 & Induction, and all other his dispensations, licēces or faculty whatsoever, to be by the said Archbishops or Bishops, eyther allowed of, or (if there be just cause,) disallowed & rejected; & being by them approved, to be, (as the custome is,) signed by the Register. And that the whole Fees accustomed, be payed onely 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 restrayned.

FOrasmuch as we are desirous to redresse such abuses and greivances, as are said to grow by Sumners or Apparitors: Wee thinke it meete [Page 98] that the multitude of Apparitors, be (asmuch as is possible,) abridged or restrayned. Wherefore, We decree and ordayne, that no Bishop or Archdeacon, or their Vicars or Officials, or other inferior Ordinaryes, shall depute, or have more Apparitors, to serve in their Iurisdictions respectively, than one in every Deanery at the most, besides the generall Apparitor of the Bishop. All which Apparitors shall by themselves faithfully execute their Offices; neyther shall they, by any colour or pretence whatsoever, cause or suffer their mandats to be executed by any messengers or substitutes; unlesse it be, upon some good cause to be first knowne, and approved by the Ordinary of the place. Moreover, they shall not take upon them the Office of Promotors, or Informers for the Court: neyther 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 premises; the persons deputing them, if they be Bishops, shall upon admo [...]ition of their Superior, discharge the persons exceeding the nū ber so limited; if inferior Ordinaryes, they shall be suspended from the execution of their Offices, [Page 99] 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 Ecclesiasticall censures, as persons cō tumacious. Provided, that if upon experience, the number of the said Apparitors be too great, in any Diocesse, in the judgement of the Archbishop of the Province, they shall by him be so abridged, as he shall thinke meete and convenient.

LXXXVI. Parish Clerkes to be chosen by the Minister.

NO parish-Clerke, upon any vacation, shalbe chosen, but by the Parsō or Vicar, or where there is no presentative, or collative Parson, or Vicar, by the Minister of that place for the time being: Which choyce shalbe signified by the said Minister, Vicar, or Parson, to the Bishop of the Diocesse, to be by him approved. And if the Parson, Vicar, or Curate, shall fayle to make choyce of such a man, and present him to the Bishop, to be by him allowed, by the space of forty dayes after the vacancy: in such case, the Bishop shall have [Page 100] power to nominate and appoint a Clerke for that place. And the said Clerke shalbe of twenty years of age at the least, and knowne to the said Parson, Vicar, or Minister, to be of honest conversation, and sufficient for his reading, writing, and also for his competent skill in singing, (if it may be.) And, where the Minister is an English man, & many Irish in the parish, such a one, as shalbe able to reade those parts of the Service, which shalbe appointed to be read in Irish (if it may be:) & the Clerks so chosen shalbe resident; and performe their duties in their own persons. For which they shall receive their due wages without diminution at such times as have beene accustomed. And if any question doe arise, concerning the said custome or wages, the Bishop of the Diocesse shall set an order therein.

LXXXVII. The choyce of Church-wardens & their accompt.

ALl Church-wardens or Quest-men in every parish, shall be chosen, on Monday or Tuesday in Easter-weeke by the joynt consent of the Minister & the Parishioners, (if it may be:) But if they cannot agree upon such a choyce, then the Minister shall choose one, & the Parishioners [Page 101] another, and without such a joynt, or severall choyce, none shall take upon them to be Church-wardens, neyther shall they continue any longer than one yeare, in that Office, except perhaps they may be chosen againe in like manner. And upon the next Consistory day after such election, they shall take their Oath before the Bishop or his Chancellor: and in case the Parish shall fayle to joyne, or elect as is aforesaid, the Ordinary shall supply the defect. And all Church-wardens at the end of their yeare, or within a Moneth after, at the most, shall before the Minister and Parishioners, give up a just accompt of such Money, as they have received, and also what particularly, they have bestowed in reparations and otherwise, for the use of the Church. And last of all, going out of their Office, they shall truly deliver up to the Parishioners, whatsoever Money or other things, of right belonging to the Church or parish, which remayneth in their hands: that it may be delivered over by them to the next Church-wardens by Bill indented.

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LXXXVIII. The choyce of Side-men, and their joynt Office with Church-wardens.

THe Church-wardens of every Parish, and two or more discreete persons, in every parish, to 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 shalbe 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. [Page 103] 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, shalbe reputed ever hereafter to continue, untill the new Church-wardens t [...]at shall succeede them, be sworne, which shalbe 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.

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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.

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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 [Page 106] 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 Holydayes, 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.

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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 cō mon charge of the parish, two Books of Cō mon-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 [Page 108] 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 shall marke, aswell as the Minister, whether all and every of the parishioners, come so often every yeare, to the holy Communion, as the Lawes & our Constitutions doe require; & whether any strangers come often, & cōmonly, from other parishes to their Church: & shall shew their Minister of them, least perhaps [Page 109] they be admitted to the Lords Table, amongst others; which they shall forbid, and remit such home, to their owne parish Churches and Ministers, there to receive the Communion, with the rest of their owne neighbors.

XCVI. To provide a Chest for Almes in every Church.

THey shall provide & have, within three Moneths next after the publishing of these Constitutions, a strong Chest with a hole in the upper part thereof; to be provided at the charge of the parish, having three keyes: of which, one shall remayne in the custody of the Parson, Vicar, or Curat; and the other two, in the custody of the Church-wardens for the time being. Which chest, they shallset & fasten in the most cōvenient place, to the intent the parishioners may put into it, the Almes for their poore neighbors. And the Parson, Vicar or Curat, shall diligently from time to time, (& especially, when men make their Testamēts,) call upon, exhort, & move their neighbors, to conferre & give, (as they may well spare,) to the said Chest, declaring unto them, that whereas, heretofore [Page 110] they have beene diligent, to bestowe much substance otherwise than God commanded, upon superstitious uses; now they ought, at this time, to be much more ready, to helpe the poore & needy: knowing, that to relieve the poore, is a sacrifice which pleaseth God, and that also whatsoever is given for their comfort; is given to Christ himselfe, and is so accepted of him, that he will mercifully reward the same. The which Almes, and devotion of the people, the keepers of the keyes, shall yearely, quarterly, or oftner (as neede requireth) take out of the Chest, and distribute the same, in the presence of most of the parish, or sixe of the chiefe of them; to be truly and faithfully delivered, to their most poore and needy neighbors.

XCVII. To abolish all Monuments of superstition.

MOreover they shall, (with the approbation of the Ordinary of the place,) see, that all Rood-lofts, in which wooden Crosses stood: all shrines, and coverings of shrines, and all other Monuments of fayned miracles, pilgrimages, idolatry, and superstition, be cleane taken away and removed.

[Page 111]

XCVIII. None to teach schoole without licence, and Curates desirous to teach, to be licenced before others

IT shall not be lawfull for any to teach the Latine tongue, or to instruct Children eyther in publike Schoole, or private house, but such, as shalbe allowed by the Ordinary of the place, under his hand and Seale, being found meete, aswell for his learning, and dexterity in teaching, as for sober, and honest conversation; and also for right understanding of Gods true Religion, (saving to all Patrons and founders of Schooles the right of nomination.) And in what parish soever, there is a Curat, which is a Master of Arts, or Bachellor of Arts, or is otherwise well able to teach youth, and will willingly so doe, for the better increase of his living, and trayning of Children in the principles of true Religion: We will, and ordayne, that the licence to teach Grammar, shalbe granted to none by the Ordinary of that place, but onely to the said Minister or Schoolemaster. Provided alwayes, that this Constitution shall not extend to any parish, where there is a publike Schoole founded already. In which case, We thinke it not meete, to allow any to teach Grammar, but onely him, that is allowed for the said publike Schoole.

[Page 112]

XCIX. The duty of Schoolema [...]ers.

ALl Schoolemasters, and Vshers, shall endeavour to trayne up the Children committed to their charge, in good learning, civility and piety. And in the Latine tongue, they shall teach the Grammar, set forth in England by king Henry the eight, & so continued ever since, & none other. They shall also teach such other Bookes, as shalbe allowed, and appointed by the Bishop of the Diocesse. Provided, that according to the priviledge granted to the Vniversity, neere Dublin, Logicke and Philosophy shall not be taught in Grammar schooles. Provided also, that none be admitted, or licenced to be a Schoolemaster, or Vsher within this kingdome, unlesse he first, by his subscription, testifie his consent to the two first Canons. And also, that every Archbishop, & Bishop, and other Ordinary (having Ecclesiasticall Iurisdictiō) shall, by censures of the Church, respectively compell, all such as are subject to their Iurisdiction, which doe now teach schoole, or hereafter shall presume to teach schoole, not having testified their consent by subscription as aforesaid, to desist from teaching of schoole.

[Page 113]

C. The authority of this Nationall Synod established.

THis sacred Synod, being the representative body of the Church of Ireland, in the name of Christ, and by the Kings authorit, ylawfully assembled, doth pronounce & decree, that if any, within this Nation, shall despise & contemne the Constitutions thereof, (being by the said Regall power ratified & confirmed;) or affirme, that none are to be subject thereunto, but such as were present, and gave their voyces unto them: he shall be Excommunicated, and not restored, untill hee shall publikely revoke his error.

FINIS.

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Author: Church of Ireland.1635

❧ Of the Church of Jreland.

¶ Of Divine Service, preaching of the VVord, and administration of the Sacraments.

¶ Of Bishops, Archdeacons, Deanes, and Prebendaries.

¶ Of the Ordination, function, and charge of Ministers.

¶ Of Marriages & Divorces.

¶ Of Ecclesiasticall Courts, and Iurisdiction.

¶ Of Parish Clearks, Church-war­dens, and Schoole-masters, and their severall duties.

¶ Of the authoritie of the Synod.

I. Of the agreement of the Church of England and Ireland, in the profession of the same Christian Religion.

II. The Kings Supremacy in Causes Ecclesiasti­call to be maintained.

III. Of the prescript forme of Divine Service, contained in the Booke of Com­mon Prayer.

III. Of the forme of consecrating and ordering Archbishops, Bishops, &c. and of the Churches established according to that order.

V. Authors of Schisme, and maintainers of Conventicles censured.

VI. Due celebration of Sundayes and Holy-dayes.

VII. The prescript forme of Divine Service to be used on Sundayes and Holydayes, with all de­cencie and due reverence.

VIII. Of the ordering of certaine parts of the Service.

IX. Beneficed Preachers being resident upon their Livings, to preach every Sunday.

X. No publique opposition betweene Preachers.

XI. Ministers to catechize every Sunday.

XII. The people to be informed in the body of Christian Religion, and reformed in their conversation.

XIII. Preachers and Lecturers to reade Divine Service, and administer the Sacraments twice a yeare at the least.

XIIII. Ministers not to refuse to Christen, or Bury.

XV. Ministers not to deferre christening, if the childe be in danger.

XVI. Fathers not to be Godfathers in Baptisme, nor Children not communicants.

XVII. Confirmation, or laying hands upon Chil­dren, to be performed by the Bi­shop, once in three yeares.

XVIII. Of the receiving of the holy Communion.

XIX. VVarning to be given before hand for the Communion.

XX. Notorious offenders not to be admit­ted to the Communion.

XXI. Ministers not to preach, or administer the Communion in private houses.

XXII. Ministers not to hold private Conventicles.

XXIII. Of ordering Ecclesiasticall Iurisdiction.

XXIIII. Of ordering the revenues of Ecclesi­asticall persons.

XXV. Of Archdeacons.

XXVI. Residence of Deanes in their Churches.

XXVII. Deanes and Prebendaries to preach du­ring their residence.

XXVIII. Prebendaries to be resident upon their Benefices.

XXIX. Foure solemne times appointed for the making of Ministers.

XXX. The Titles of such as are to be made Ministers.

XXXI. The quality of such as are to be made Ministers.

XXXII. The examination of such as are to be made Ministers.

XXXIII. Caution for institution of Ministers into Benefices.

XXXIIII. Patrons of Ecclesiasticall Benefices.

XXXV. Prevention of Symoniacall contracts in those that are presented by them.

XXXVI. Small Parishes to be united, and Re­sidence enjoyned.

XXXVII. Absence of beneficed men, and livings appro­priated to be supplied by Curates that are allowed Preachers.

XXXVIII. None to be Curates but allowed by the Bishop.

XXXIX. Strangers not admitted to preach without licence.

XL. Ministers to conferre with Recusants.

XLI. Ministers to visit the sicke.

XLII. Sobernesse of conversation, and decency of apparell repaired in Ministers.

XLIII. Of consecration of Churches.

XLIIII. A Terrier of Gleabe-lands, and other possessions belonging to Churches.

XLV. Payment of Tythes.

XLVI. A Registry to be kept of Christnings, VVed­dings, and Burials.

XLVII. None to Marry within the degrees prohibited.

❧ THE TABLE OF DEGREES PROHIBITED IN MARRIAGE.

XLVIII. None to marry under XXI. yeares without their Parents consent.

XLIX. Securitie to be taken at the granting of such Li­cences, and under what conditions.

L. Oathes to taken for the Conditions.

LI. An exception for those that are in VViddowhood.

LII. Ministers not to marry any person with­out Bannes.

LIII. No sentence for Divorce to be given upon the sole confession of the parties.

LIIII. No sentence of Divorce to be given but in open Court.

LV. In all sentences for Divorce, b [...]d to be taken for not marrying during each others life.

LVI. The order of Iurisdictions to be kept.

LVII. The restraynt of double Quarrels upon the respite of Institution.

LVIII. Inhibitions not to be granted, without the sub­scription of an Advocate.

LIX. Inhibitions not to be granted, untill the Appeale be exhibited to the Iudge.

LX. Solemne denunciation of parties Excommunicated.

LXI. Notorious Crimes and scandals to be certified into Ecclesiasticall Courts by presentments.

LXII. Schismaticks to be presented.

LXIII. Not Communicants at Easter to be presented.

LXIIII. Ministers may present.

LXV. Ministers, and Church-wardens not to be sued for presenting.

LXVI. Church-wardens not bound to present oftner than twice a yeare.

LXVII. Church-wardens not to be troubled, for not presenting oftner than twice a yeare.

LXVIII. Convenient time to be assigned for framing Presentments.

LXIX. None to be cited into Ecclesiasticall Courts by Proces of Quorum nomina.

LXX. Maturity required in proceeding.

¶ Of Parish Clearks, Church-wardens, and Schoole-masters, and their severall duties.

II. The Kings Supremacy in Causes Ecclesiasticall to be maintained.

III. Of the prescript forme of Divine Service, contained in the Booke of Common Prayer.

VII. The prescript forme of Divine Service to be used on Sundayes and Holydayes, with all decencie and due reverence.

XVII. Confirmation, or laying hands upon Children, to be performed by the Bishop, once in three yeares.

XX. Notorious offenders not to be admitted to the Communion.

XXIIII. Of ordering the revenues of Ecclesiasticall persons.

XXVII. Deanes and Prebendaries to preach during their residence.

XXXVI. Small Parishes to be united, and Residence enjoyned.

XXXVII. Absence of beneficed men, and livings appropriated to be supplied by Curates that are allowed Preachers.

XLVI. A Registry to be kept of Christnings, VVeddings, and Burials.

XLIX. Securitie to be taken at the granting of such Licences, and under what conditions.

LII. Ministers not to marry any person without Bannes.

LVIII. Inhibitions not to be granted, without the subscription of an Advocate.

LXXIIII. Convenient places to be chosen for keeping of Courts.

LXXVII. Proctors not to retayne causes without the lawfull assignement of the parties.

LXXVIII. Proctors prohibited the Oath in animam domini sui.

LXXXIX. The old Church-wardens to make their Presentments, before the new be sworne.

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.

XCVIII. None to teach schoole without licence, and Curates desirous to teach, to be licenced before others