105. No Sentence for Divorce to be given upon the fole Confeffion of the Parties.

FORASMUCH as matrimonial causes have been always reckoned and reputed among the weightieft, and therefore require the greater caution, when they come to be handled and debated in judgment, efpecially in caufes wherein matrimony, having been in the Church duly folemnized, is required, upon any fuggeftion or pretext whatsoever, to be diffolved or annulled; we do ftraitly charge and enjoin, That in all proceedings to divorce, and nullities of matrimony, good circumfpection and advice be used, and that the truth may (as far as is poffible) be fifted out by the depofition of witneffes, and other lawful proofs and evictions; and that credit be not given to the fole confeffion of the parties themselves, howfoever taken upon oath either within or without the court.

ΤΟ

106. No Sentence for Divorce to be given but in open Court. NO fentence shall be given either for feparation a thoro et menfa, or for annulling of pretended matrimony, but in open court, and in the feat of juftice; and that with the knowledge and confent either of the Archbishop within his province, or of the Bishop within his diocefe, 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 feveral jurifdictions and courts, and concerning them only that are then dwelling under their jurifdictions.

107. In all Sentences for Divorce, Bond to be taken for not marrying during each other's Life.

IN all fentences pronounced only for divorce and feparation a thoro et menfa, there fhall be a caution and restraint inserted in the act of the faid fentence, That the parties fo feparated fhall live chately and continently; neither fhall they, during each other's life, contract matrimony with any other perfon. And, for the better obfervation of this laft claufe, the faid fentence of divorce. fhall not be pronounced, until the party or parties requiring the fame have given good and fufficient caution and

F4

fecurity

fecurity into the court, that they will not any way break or tranfgrefs the said reftraint or prohibition.

108. The Penalty for Judges offending in the premises.

ΑΝ ND if any Judge, giving fentence of divorce or feparation, fhall not fully keep and obferve the premises, he fhall be by the Archbishop of the province, or by the Bishop of the diocefe, fufpended from the exercife of his office for the space of a whole year; and the fentence of feparation, fo given contrary to the form aforefaid, fhall be held void to all intents and purposes of the law, as if it had not at all been given or pronounced.

Ecclefiaftical Courts belonging to the Jurifdiction of Bishops and Archdeacons, and the Proceedings in them.

109. Notorious Crimes and Scandals to be certified into Ecclefiaftical Courts by Prefentment.

IF any offend their brethren, either by adultery, whoredom, inceft, or drunkennefs, or by fwearing, ribaldry, ufury, and any other uncleannefs, and wickedness of life, the Church-wardens, or Queft-men, and Side-men, in their next prefentments to their Ordinaries, fhall faithfully prefent 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 deferts; and fuch notorious offenders fhall not be admitted to the holy Communion, till they be reformed.

110. Schifmatics to be presented.

I' F the Church-wardens, or Quest-men, or Affiftants, do or fhall know any man within their parish, or elsewhere, that is a hinderer of the Word of God to be read or fincerely preached, or of the execution of thefe our Conftitutions, or a fautor of any ufurped or foreign power, by the laws of this realm juftly rejected and taken away, or a defender of Popish and erroneous doctrine; they fhall detect and prefent the fame to the Bishop of the diocese, or Ordinary of the place, to be cenfured and punished ac

cording

cording to fuch Ecclefiaftical Laws as are prescribed in that behalf.

IN

111. Difturbers of Divine Service to be presented.

N all vifitations of Bishops and Archdeacons, the Church wardens, or Queft-men, and Side-men, shall truly and perfonally prefent the names of all thofe which behave themselves rudely and diforderly in the Church, or which by untimely ringing of bells, by walking, talking, or other noife, fhall hinder the Minifter or Preacher.

112. Non-Communicants at Eafter to be presented.

THE

HE Minifter, Church-wardens, Queft-men, and Affiftants of every Parish-church, and Chapel, fhall yearly, within forty days after Eafter, exhibit to the Bishop or his Chancellor the names and furnames of all the Parishioners, as well men as women, which being of the age of fixteen years received not the Communion at Easter before..

113. Minifters may present.

BECAUSE it often cometh to pafs, that the Churchwardens, Side-men, Queft-men, and fuch other perfons of the Laity, as are to take care for the fuppreling of fin and wickedness in their fevéral parishes, as much as in them lieth, by admonition, reprehenfion, and denunciation to their Ordinaries, do forbear to discharge thei: duties therein, either through fear of their fuperiors or through negligence, more than were fit, the licentiouliefs of these times confidered; we ordain, That hereafter every Parfon and Vicar, or, in the lawful abfence of any Parfonor Vicar, then their Curates and Subftitutes may join in every prefentment with the faid Church-wardens, Šide-men, and the rest above mentioned, at the times hereafter limited if they, the faid Church-wardens and the reft, will prefen fuch enormities as are apparent in the parish; or if they will not, then every fuch Parfon and Vicar, or, in their abfence, as aforefaid, their Curates may themselves prefent to their Ordinaries at fuch times, and when elfe they think it meet, all fuch crimes as they have in charge, or otherwife, as by them (being the perfons that should have the chief care for the fuppreffing of fin and impiety in

their parishes) fhall be thought to require due reforma tion. Provided always, That if any man confefs his fecret and hidden fins to the Minifter, for the unburdening of his confcience, and to receive fpiritual confolation and ease of mind from him; we do not any way bind the faid Minifter by this our Conftitution, but do ftraitly charge and admonish him, that he do not at any time reveal and make known to any perfon whatfoever any crime or of fence fo committed to his truft and fecrecy, (except they be fuch crimes as by the laws of this realm his own life may be called into question for concealing the fame,) under pain of irregularity.

EV

114. Miniflers fball present Recufants.

VERY Parfon, Vicar, or Curate, fhall carefully inform themselves, every year hereafter, how many Popish Recufants, men, women, and children, above the age of thirteen years, and how many being popifhly given (who, though they come to the Church, yet do refuse to receive the Communion) are inhabitants, or make their abode, either as fojourners or common guests, in any of their feveral parishes; and fhall fet down their true names in writing, (if they can learn them,) or otherwise fuch names as for the time they carry, diftinguishing the absolute Recufants from half Recufants; and the fame, fo far as they know or believe, fo diftinguished and fet down under their hands, thall truly present to their Ordinaries before the Feast of the Nativity next enfuing, under pain of fupenfion to be inflicted upon them by their faid Or dinanes; and fo every year hereafter, upon the like pain, before the Feast of St. John Baptift. Alfo we ordain, That all fuch Ordinaries, Chancellors, Commiffaries, Archdeacons, Officials, and all other Ecclefiaftical Offices, to whom the faid prefentments fhall be exhibited, fill likewife within one month after the receipt of the fame, under pain of fufpenfion by the Bishop from the execution of their offices for the space of half a year, as often s they fhall offend therein, deliver them, or cause them to be delivered, to the Bishop refpectively; who shall also exhibit them to the Archbishop within fix weeks, and the Archbishop to his Majefty within other fix weeks after he hath received the faid prefentments.

115. Minifters and Church-wardens not to be fued for preSenting.

WHEREAS for the reformation of criminous perfons and disorders in every parish, the Church-wardens, Queft-men, Side-men, and fuch other Church Officers are fworn, and the Minifter charged to prefent as well the crimes and diforders committed by the faid criminous perfons, as alfo the common fame which is fpread abroad of them, whereby they are often maligned, and fometimes troubled by the faid delinquents, or their friends; we do admonish and exhort all Judges, both Ecclefiaftical and Temporal, as they regard and reverence the fearful judgment-feat of the highest Judge, that they admit not in any of their courts any complaint, plea, fuit, or fuits, against any fuch Church-wardens, Queft-men, Side-men, or other Church Officers, for making any fuch prefentments, nor against any Minifter for any prefentment that he fhall make; all the faid prefentments tending to the reftraint of fhameless impiety, and confidering that the rules both of charity and government do prefume, that they did nothing therein of malice, but for the discharge of their confciences.

116. Church-wardens not bound to prefent oftener than twice a Year.

No O Church-wardens, Queft-men, or Side-men of any parifh fhall be enforced to exhibit their prefentments to any having ecclefiaftical jurifdiction, above once in every year, where it hath been no oftener used, nor above twice in any diocefe whatsoever, except it be at the Bifhop's Vifitation. For the which prefentments of every Parifh-church or Chapel, the Registrar of any court, where they are to be exhibited, fhall not receive in one year above fourpence, under pain, for every offence therein, of fufpenfion from the execution of his office for the space of a month, toties quoties. Provided always, That, as good occafion fhall require, it fhall be lawful for every Minister, Church-wardens, and Side-men to prefent offenders as oft as they fhall think meet; and likewife for any godly dif pofed perfon, or for any Ecclefiaftical Judge, upon knowledge, or notice given unto him or them of any enormous crime within his jurifdiction, to move the Minifter, Church-wardens, or Side-men, as they tender the glory of God and reformation of fin, to prefent the fame, if they

fhall