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105. No Sentence for Divorce to be given upon the fole Con
feßion of the Parties. FORASMUCH ás matrimonial causes have been always
reckoned and reputed among the weightiest, and therefore require the greater caution, when they come to be handled and debated in judgment, especially in causes wherein matrimony, having been in the Church duly folemnized, is required, upon any suggestion or pretext whatsoever, to be diffolved or annulled; we do straitly charge and enjoin, That in all proceedings to divorce, and nullities of matrimony, good circumspection and advice be used, and that the truth may (as far as is possible) be fifted out by the deposition of witnesses, and other lawful proofs and evictions, and that credit be not given to the fole confession of the parties themselves, howsoever taken upon oath either within or without the court.
106. No Sentence for Divorce to be given but in open Court. No fentence thall be given either for feparation a thoro
et mensa, or for annulling of pretended matrimony, but in open court, and in the seat of justice; and that with the knowledge and consent either of the Archbishop within his province, or of the Bishop within his diocele, or of the Dean of the Arches, the judge of the Audience of Canterbury, or of the Vicars General, or other principal Officials, or fede vacante, of the Guardians of the Spiritu. alities, or other Ordinaries to whom of right it appertaineth, in their several jurisdi&ions and courts, and concerning them only that are then dwelling under their jurisdictions.
107. In all Sentences for Divorce, Bond to be taken for not.
marrying during each other's Life. N all sentences pronounced only for divorce and fepara
, straint inserted in the act of the said sentence, That the parties fo separated shall live chastely and continently; neither shall they, during each other's life, contract matrimony with any other person. And, for the better observation of this last clause, the said sentence of divorce shall not be pronounced, until the party or parties requiring the same have given good and sufficient caution and
security into the court, that they will not any way break or transgress the said restraint or prohibition.
108. The Penalty for Judges offending in the premises. AND if any Judge giving
sentence of divorce or separation, shall not fully keep and observe the premises, he shall be by the Archbishop of the province, or by the Bishop of the diocese, suspended from the exercise of bis office for the space of a whole year; and the sentence of feparation, so given contrary to the form aforesaid, shall be held void to all intents and purposes of the law, as if it had not at all been given or pronounced.
Ecclesiastical Courts belonging to the Jurisdiction
of Bishops and Archdeacons, and the Proceedings in them.
109. Notorious Crimes and Scandals to be certified into Ec
cleßaftical Courts by Presentment, IF any offend their brethren, either by adultery, whore
dom, incest, or drunkenness, or by swearing, ribaldry, ufury, and any other uncleanness, and wickedness of life, the Church-wardens, or Queft-men, and Side-men, in their next prefentments to their Ordinaries, fall faithfully present all and every of the faid offenders, to the intent that they, and every of them, may be punished by the feverity of the laws, according to their deserts ; and fuch notorious offenders shall not be admitted to the holy Communion, till they be reformed.
110. Schifmatics to be presented. If the Church-wardens, or Queft-men, or Affiftants, do or
shall know any man within their parish, or elsewhere, that is a hinderer of the Word of God to be read or fin. cerely preached, or of the execution of these our Constitutions, or a fautor of any usurped or foreign power, by the laws of this realm juftly rejected and taken away, or a defender of Popish and erroneous doctrine; they shall detect and present the same to the Bishop of the diocese, or Ordinary of the place, to be censured and punished ac
cording to such Ecclefiaftical Laws as are prescribed in that behalf.
111. Disturbers of Divine Service to be presented. IN N all visitations of Bishops and Archdeacons, the
Church-wardens, or Queft-men, and Side-men, shall truly and perfonally prefent the names of all those which behave themselves rudely and disorderly in the Church, or which by untimely ringing of bells, by walking, talking, or other noise, Thall hinder the Minister or Preacher.
112. Non-Communicants at Easter to be presented. THE
HE Minister, Church-wardens, Queft-men, and Afift
ants of every Parish-church, and Chapel, shall yearly, within forty days after Easter, exhibit to the Bishop or his Chancellor the names and surnames of all the Parishioners, as well men as women, which being of the
age fixteen years received not the Communion at Easter before.
113. Ministers may present. BECAUSE it often cometh to pass, that the Church
wardens, Side-men, Queft-men, and such other perfons of the Laity, as are to take care for the fuppreling of fin and wickedness in their several parishes, as much as in them lieth, by admonition, reprehension, and denuncia tion to their Ordinaries, do forbear to discharge thei: du ties therein, either through fear of their superiors, or through negligence, more than were fit, the licentiquhess of these times considered; we ordain, That hereafter every Parson and Vicar, or, in the lawful absence of any Parsonor Vicar, then their Curates and Substitutes may join in evey presentment with the said Church-wardens, Side-men, an the rest above mentioned, at the times hereafter limited if they, the said Church-wardens and the rest, will presen such enormities as are apparent in the parish; or if they will not, then every such Parson and Vicar, or, in their absence, as aforesaid, their Curates may themselves present to their Ordinaries at such times, and when else they think it meet, all such crimes as they have in charge, or otherwise, as by them (being the persons that should bave the chief care for the suppressing of fin and impiety, in their parishes) shall be thought to require due reforma. tion. Provided always, That if any man confefs his secret and hidden fins to the Minister, for the unburdening of his conscience, and to receive spiritual confolation and ease of mind from him; we do not any way bind the faid Minister by this our Conftitution, but do straitly charge and admonish him, that he do not at any time reveal and make known to any person whatsoever any crime or of: fence so committed to his trust and secrecy, (except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same,) under pain of irregularity.
114. Miniflers shall present Recufants. VERY Parson, Vicar, or Curate, shall carefully in
form themselves, every year hereafter, how many Popish Recufants, men, women, and children, above the age of thirteen years, and how many being popishly given (who, though they come to the Church,
yet do refuse to receive the Communion) are inhabitants, or make their abode, either as sojourners or common guests, in any 'of their several parishes; and shall fet down their true names in writing, (if they can learn them,) or otherwise such names as for the time they carry, distinguishing the absoJute Recufants from half Recufants; and the fame, so far as they know or believe, fo distinguished and set down under their hands, thall truly present to their Ordinaries before the Feast of the Nativity next ensuing, under pain of fupension to be inflicted upon them by their faid'Ordinanes ; and so every year hereafter, upon the like pain, before the Feast of St. John Baptist. Also we ordain, That all such Ordinaries, Chancellors, Commissaries, Archdeacons, Officials, and all other Ecclefiaftical Offi ces, to whom the said presentments shall be exhibited, fhill likewise within one month after the receipt of the sme, under pain of suspension by the Bishop from the execution of their offices for the space of half a year, as often is they shall offend therein, deliver them, or cause them zo be delivered, to the Bishop respectively; who shall also exhibit them to the Archbishop within six weeks, and the Archbishop to his Majesty within other six weeks after he hath received the said presentments.
115. Ministers and Church-wardens not to be sued for pre
senting W HEREAS for the reformation of criminous persons
and disorders in every parish, the Church-wardens, Queft-men, Side-men, and such other Church Officers are sworn, and the Minister charged to present as well the crimes and disorders committed by the faid criminous persons, as also the common fame which is spread abroad of them, whereby they are often maligned, and fometimes troubled by the said delinquents, or their friends; we do admonith and exhort all Judges, both Ecclefiaftical and Temporal, as they regard and reverence the fearful judgment-seat of the highest Judge, that they admit not in any of their courts any complaint, plea, suit, or suits, against any such Church-wardens, Quest-men, Side-men, or other Church Officers, for making any such presentments, nor against any Minister for any presentment that he shall make ; all the said presentments tending to the restraint of shameless impiety, and considering that the rules both of charity and government do presume, that they did nothing therein of malice, but for the discharge of their consciences.
116. Church-wardens not bound to present oftener than twice
a Year. NO
O Church-wardens, Quest-men, or Side-men of any
parish shall be enforced to exhibit their presentments to any having ecclefiaftical jurisdiction, above once in every year, where it hath been no oftener used, nor above twice in any diocese whatsoever, except it be at the Bishop's Vistation. For the which presentments of every Parish-church or Chapel, the Registrar of any court, where they are to be exhibited, shall not receive in one year above fourpence, under pain, for every offence therein, of suspension from the execution of his office for the space of a month, toties quoties. Provided always, That, as good occasion shall require, it shall be lawful for every Minister, Church-wardens, and Side-men to present offenders as oft as they shall think meet; and likewise for any godly dis. pofed person, or for any Ecclefiaftical Judge, upon knowledge, or notice given unto him or them of any enormous crime within his jurisdiction, to move the Minister, Church-wardens, or Side-men, as they tender the glory of God and reformation of fin, to present the fame, if they