ecclesiastical men pretending to have jurisdiction, and the cognizance of matrimonial causes, are not ashamed to put in commission simple and unskilful men now of late for the -examining and determining such matrimonial causes (which ought beyond all other causes to be more diligently debated, and more maturely determined) contrary to sacred sanctions and the institutes of holy fathers; and do make such insufficient persons, and even laymen officials, commissaries, or guardians with power of hearing matrimonial causes, to the hazard of their own souls and the prejudice of the commonwealth; and these officials or guardians do substitute others insufficient and unskilful (by the intervention of a sum of money sometimes) to take cognizance of matrimonial causes between some certain persons, and to determine them, insomuch that these officials or guardians by themselves or by their commissaries do not only hear causes of matrimony and divorce, but pass unjust and in many respects indiscreet definitive sentences, from which we know by experience, that not only scandals but danger of souls does daily arise; now we, John, archbishop*, with advice of our suffragans and clergy assembled in a provincial council, desiring to put a stop to such scandals and dangers, so far as by God's help we can, following the holy fathers and sacred canons, do firmly forbid and prohibit all and singular archdeacons, deans, abbots, provosts, and other ecclesiastics whatsoever that have jurisdiction in our city, diocese, or province of York, and their officials and guardians of spiritualities deputed, or to be deputed, that they the aforesaid presume not to make or substitute, to take cognizance of causes of matrimony or divorce, as to what concerns the contract, any others than fit, provident, faithful men learned in the laws, or at least competently well exercised in judging such causes; and that they do not give definite sentences anywhere else than in the chapters to be celebrated by them, under pain of suspension to the archdeacons, deans, abbots, provosts, and others claiming ecclesiastical jurisdiction, and under pain of the greater excommunication to the officials, who substitute insufficient men in the premisses, and to the said insufficient commissaries, who knowingly accept such [deputation] and * [Nos Johannes archiepiscopus, W.] do hear such causes; and we will that all and singular the aforesaid, who knowingly or through gross affected ignorance presume to transgress this constitution, and do not effectually observe it, do ipso facto incur the punishments declared by this constitution, as is above more distinctly and fully expressed. i By this it should appear that archdeacons had cognizance of matrimonial causes in the province of York. From hence we may see the original of lay-chancellors. 'It should certainly be William, but the scribe's thoughts were on John Thursby, who re-enacted these constitutions. 7. Although the sacred canons forbid clandestine marriages (as dangerous to the souls and bodies of men bringing damage to the contractors and the common-wealth) under grievous penalties; yet some contriving unlawful marriages, and affecting the dark, lest their deeds should be reproved, procure "every day, in a damnable manner, marriages to be celebrated without publication of banns first duly and lawfully made, by means of chaplains that have no regard to the fear of God and the prohibition of the laws, without any dread of the penances passed and published against such as contract marriages in this manner, or celebrate or are present at them. We therefore, the archbishop aforesaid, with the consent of our suffragans and clergy, desiring to repress the impudence of such chaplains and of the parties contracting, and of others who procure the solemnization thereof by an accumulation of punishments, do prohibit all the forementioned, under pain of the greater excommunication, which we will that all of the city, diocese and province, who transgress this constitution do incur ipso facto; and let no priest of what condition soever, whether secular or regular, celebrate or be present at a clandestine marriage; but let banns be first published for three solemn days, as often as marriage is to be solemnized between their parishioners, in the churches or chapels to which the contracting parties belong, a sufficient time being assigned for the making objections, if any can and will do it; and let the priest, notwithstanding this, enquire, whether there be any impediment, or whether any one declares against, or contradicts it in any wise: and if any objection or probable suspicion do appear against their coupling together, let the contract in no wise be celebrated, but expressly forbidden, till a competent judge have declared in a A legal manner what ought to be done; "or else, till the parties contracting are dispensed with by the licence of the superior ordinary, as to the intervals of time, [and] the publication of banns. And we reserve to ourselves within our city and diocese, and the persons thereunto belonging, and to our suffragans in their cities and dioceses, or to our superiors, the absolution of all those who incur these punishments, or any of them, excepting at the point of death (as touching such impediment): and we declare all sentences pronounced in causes of matrimony or divorce, in any wise contrary to the tenor of this constitution, to be null and void, so as not to have the name or effect of sentences, when passed by such =persons; with a saving to the constitutions of Otto, legate of the apostolical see in England, providently published in regard to the cognizance of such causes; and all other canons, constitutions and statutes, published in relation to the premisses, from which we intend not to derogate in any respect, but desire that they be observed. " I read indies*, not Judæis. n Lat., vel alias de superiore ordinare licentia cum contrahere volentibus quoad temporum interstitia bannorum editionem fuerit dispensatum † ; which I thus read, vel alias de superioris ordinarii licentia cum contrahere volentibus quoad temporum interstitia, et bannorum ‡, &c. If my conjecture stand, here is a proof of licences for marrying without banns two hundred years before the Reformation. And I am persuaded, that the words cannot reasonably be so altered, as not to be a proof of this practice. Licences of this sort were always restrained to the superior ordinaries, that is, bishops, in places not exempt. The interstices, or intervals of time are meant of the term fixed by him that published the banns for making the objections mentioned just before in this constitution; and I cannot but wish that such a fixed term had been always indispensably observed. • I know not the meaning of these words, as here placed. P See constitution of Otto 23, 1237. And lest these ordinances, constitutions and prohibitions in the premisses, lose their effect through disuse §, (which *[So Wilkins.] + [Spelman, vol. ii. p. 606.] [So Wilkins, vol. iii. p. 72.] God forbid,) we will, ordain, and command all our subjects by this writing, under the penalty aforesaid, that in every chapter celebrated in every deanery, in cities and other proper places and times, all the premisses be read and solemnly published by the deans; and that every year diligent and exact enquiry be made and had in the premisses, to the intent that they who do not observe them may have the punishments abovesaid, and other punishments, as shall be thought expedient, inflicted on them, according to canon. And lest rectors, vicars, and other our subjects of the clergy and people should pretend their ignorance of the premisses, we enjoin all and singular rectors and vicars, in virtue of obedience, and under the penalties aforesaid, that they and every of them have and take true copies of all the premisses within two months after the publication hereof notified to them, and observe all and singular of them, in all and every of the articles, and do publicly intimate and explain them every Lord's day to their parishes and subjects, as they desire to avoid canonical vengeance. In testimony of all which, we have caused our seal to be hereunto put. Dated at Thorp near York, as to the sealing thereof, on the last day but one of the month September, A. D. 1347*, and the fifteenth of our consecration †. * [Rather A.D. 1367. See Wilkins, vol. iii. p. 68, 69, 72.] +["Hucusque codex rev. episc. Assaven." Wilkins, vol. iii. p. 72, note a. The other MS., Cot. Vitell. D. 5, according to Spelman and Wilkins, contains two more constitutions, the first a modification of the clauses of excommunication with respect to matrimony, and the second a statement of cases of confessions reserved to the archbishop of York and his penitentiary, as below, A.D. 1363, 4, 5.] A.D. MCCCLI. ARCHBISHOP ISLEP'S CONSTITUTION. Sir H. p. 597, [Lynd. app., p. Wilkins, vol. ii. When p. 13.] 54. A CONSTITUTION of the lord Simon Islep, archbishop of LATIN. Canterbury, published at Lambeth, on the twelfth kal. of Spelman, March, A. D. 1351, in the reign of King Edward III., and vol. ii. the pontificate of Clement VI. Simon, by divine permission archbishop of Canterbury, in Lynd. primate of all England, legate of the apostolical see, to our venerable brother lord Ralph, by the grace of God bishop of London, health and brotherly charity in the Lord. we lately in a parliament royal holden at London, insisted upon a due reformation of some injuries at which we could not connive, done to God and the holy Church; for that secular judges putting their scythe more than usually into God's harvest, notoriously exceeding the bounds of their judicial power, and usurping a power over the Lord's bishops', [christos Domini.] who are by no law subject to them, in criminous cases, are not afraid to condemn and deliver such as are notoriously, publicly and commonly known, and by themselves and others esteemed clerks, and even priests, nay and religious too, after they have first ensnared and indicted them for several crimes and misdeeds, to a shameful and unwonted death, to the contempt and scandal of God and holy Church, and the grievous hazard of their own souls; it was there objected, (by way of reply, and that very grievously on account of the specious appearance of the answer,) and that by the king himself, as well as noblemen and commons in conjunction with them, * ["Litera archiepiscopi Cant. pro clericis incarceratis, ad asperam pœnam ponendis. Ex reg. Islip. fol. 54. a. collat cum MS. colleg. B. M. Magdal. Oxon. n. 185." To the foregoing title Wilkins ap pends this note: MS. Oxon. hunc habet titulem : "Forma ad literandum incarceratos clericos de carceribus episcoporum. Et est domini Simonis Cantuar. Archiepiscopi."] 1 |