A survey of the estate of France, and of some of the adjoyning ilands taken in the description of the principal cities, and chief provinces, with the temper, humor, and affections of the people generally, and an exact accompt of the publick government in reference to the court, the church, and the civill state / by Peter Heylyn ; pbulished according to the authors own copy, and with his content for preventing of all faith, imperfect, and surreptitious impressions of it.

CHAP. XII.

Of the Court Ecclesiasticall.

Article I.

1. THe Court shall be holden every Munday in the year, observing the same vacations as the Courts Civill.

II.

2. At every Session, in the beginning of it, the names of the Assessors shall be inrolled, the day, the moneth and the year, and the decrees perused.

III.

3. After judgment and sentence given in the main matter, the costs of the parties, and the wages of the officers shall be awarded by censure Ecclesiastick.

IV.

4. There shall be two Procters duely sworn unto the Court, to the end, the people may proceed formally and juridically, without any confusion or surprise. And the Register (being also sworn) shall faithfully record the sentences pronounced, and give copies of the Acts to such as do require it.

V.

5. The Kings Atturney, or in his absence the Solliciter, shall be assistant in the Court from time to time in the awarding of punishment, or censure upon all causes of crime and scandall.

VI.

6. For the serving of citation and summons, the Dean shall swear the Sextons of every Parish, together with an Apparitour, which shall truly discharge themselves in giving

copies of the originall proces and citation unto those whom it concerns, or in the absence of the party, to his servants. In which proces and citations, the causes of their appearance shall be expressed.

VII.

7. If the party will not be found, as either hiding himself, or using any other collusion, the citation shall be affixed (in case that he have never an house) on the Church door of the Parish where he dwelleth, and that upon a Sunday.

VIII.

8. If it come unto the notice of the Dean by the report of honest men, that any one hath doth live notoriously scan∣dalous, he shall advertise the Minister and Church-wardens of the Parish, to the end, that being thus informed, they may present such persons as merit to be punished, or censured.

IX.

9. Upon good notice of a crime committed by any of the Ministers, the Dean after two warnings or admonitions, shall proceed to the reforming of him, by the advice and consent of two of his brethren, even unto suspension and se∣questration. And in case he continue refractory, the Dean by the consent of the major part of Ministers, shall proceed to deprivation.

X.

10. No commutation shall be made in lieu of penance, without great circumspection, and regard had unto the quality of the persons and circumstances of the crime. And the commutation shall be inrolled in the Acts of the Court, to be imployed upon the poor, and in pious uses; whereof an account shall be given according to the Register.

XI.

11. After the first default, the non-appearance of the party again cited shall be reputed as a contempt; if being after peren ptorily cited he doth not appear, then shall they pro∣ceed against him by excommunication; and if before the next Court day he endevour not to obtain absolution, they shall proceed to the publishing of the sentence of the minor excom∣munication, which shal be delivered to the Minister of the Parish to be read upon some solemn day and in the hearing of the greater part of the Parishioners. The party still continu∣ing in his contumacy, they shall then proceed unto the major excommunication; whereby he shall be excluded a sacris & societate fidelium. If this bring him not unto obedience and acknowledgement within the space of forty dayes, then shall the Dean by his certificate authentick give notice unto the Bailiff and Justices of the said contumacy, requiring their assistance to seise on him, and commit him prisoner to some sure place till he be humbled, and shall give surety that he will submit unto the ordinance of the Church; and before that he be absolved, he shall be bound to defray the costs and charges of the suit.

XII.

12 In cases of incontinency upon presentment of the Church-wardens, together with the probabilities of a common fame, scandall and presumptions in this case requisite, the party shall undergo the purgation upon oath, or else shall be reputed as convict.

XIII.

13. In causes of Adultery, at the instance of the party, the proceedings shall go on advisedly by good proofs and infor∣mations, even to evidence of the crime objected; and if the matter or evidence of fact be clear, they may proceed to sepa∣ration a thoro & mensa.

XIV.

14. He that shall offend in point of calumny and diffama∣tion,

shall make acknowledgment of the injury according to the exigence of the case, provided that the business be followed within the compasse of the year, and that the matter of it be of Ecclesiasticall cognisance in the crimes above recited.