Book 1  Continuation .....................
Page6

THe Synod doth admonish all Masters of Families, and all that have the charge of others, to be careful to make all the Persons in their Families to confess themselves at the time of Obligation, and particularly their servants and Slaves, both Men and Women, who if they do never come to Confession, their Masters and none else must be certainly in the Fault, in having neglected to put them in mind of it, and to order them to do it, it being their Duty, and that upon penalty of Mortal sin,

to call upon them to do it, of which they must give a strict Account to God, the Apostle St. Paul affirming, That he who does not take care of his servants, has denied the Faith, and is worse than an Infidel; which words are chiefly to be understood of the spiritual Necessities of those of his Family, and of Matters appertaining to their Salvation; about which matters the Vicars ought to be very careful, and must observe whether the Slaves, whose Names as well as others, they must have down in their Rolls, do come to Confession, declaring such of them as have not complied with their obligation at the time appointed, Excommunicate, having first admonished their Masters to command them to come, and acquainted them with the Declaration that will be made if they do not: and the Vicars that shall be found negligent herein, shall be punished at the discretion of the prelate.

All faithful Christians are not only obliged to Confess themselves once a Year, under penalty of mortal sin, but also as often as they are in any probable danger of Death, or are very Sick, they are under the same obligation; wherefore the sick persons or those that attend them, so soon as ever they shall apprehend any danger, where-ever they live, tho’ in the Heaths, shall send to call a Confessor, and shall advise the Vicar of the Church thereof, who shall either go himself, or send another to hear their Confessions. The Vicars are also to understand, that it is their indispensible duty to enquire after the sick, and either to go to confess them themselves, or to send another to do it, whensoever they shall be sent for, that so none may die without the Holy sacrament of Confession, they being guilty of the Condemnation of such of their sheep as go to Hell for not having confessed their sins before they died, if it was through their fault or negligence it was not done. And the Vicar, through whose fault or negligence any of the Parish shall die without confession, shall be suspended from his Office and Benefice for a whole Year without any dispensation, and another shall be appointed to supply his Cure, and the persons that attend the sick, that shall neglect to send for the Parish-priest, shall be severely punished at the discretion of the Prelate; and such as die in Hamlets or in Heaths without confession, if they did not send to call a Confessor, if their death was not so sudden as to prevent them, shall not be buried in Holy Ground, neither shall the Clergy go to their Houses, or say the Office of the Dead for them, nor so much as the Chata.

Not only such as are dangerously sick, but all that are any ways in danger of Death, are obliged to confess themselves; wherefore since all women in Child-birth are in danger thereof, they shall before they are in Labour, Confess themselves, but especially before the birth of their first Child, at which time the danger is known to be the greatest; and shall likewise, if capable, receive the most Holy sacrament; and if any such, not being surprized by their Labour, shall die without confession, or being in visible danger, did not desire it, their negligence being proved, and especially if they lived in Towns, they shall be proceeded against in the same manner, as those are who through their own fault die without confession as is above decreed.

The synod being informed that the greatest part of those that die of the small-pox, tho’ they lived in Towns and desired confession, do die without it, that Distemper being so very dangerous and infectious, that the Priests are afraid of coming near those that have it; doth command all Vicars to be careful, that none such do die without confession, and either to go themselves, in Person, or to send one to confess them; a due regard being still to be had to their own health, either by confessing them at some distance, or so that the Wind shall blow the steams from them, and by having taken preservatives against the Distemper; that so none may die without Confession, which is what the Synod doth very earnestly recommend to them in the Lord.

The synod doth earnestly recommend to all the faithful Christians Inhabitants of this Bishoprick, not to satisfie themselves with having confessed their sins once a Year at Easter, when they are bound to it upon the penalty of mortal sin; but that they do frequently make use of this sacrament, in proportion to the Sins they fall into daily, and not to fail to Confess themselves on the Festivities of the Nativity of the Holy Ghost, and the Assumption of our Lady, and at the wake of their Parish, and the Vicars must not fail to admonish their people thereof on the Sunday before those Festivities.

The Synod doth declare, That notwithstanding the power of pardoning sins is annexed to the sacerdotal Order, nevertheless that all Priests cannot hear Confessions, but only such as are Licensed by the Prelate; for the Act of Absolution being an Act of Jurisdiction, and Judicature, cannot be without subjects, which the Prelate only can give when he appoints Confessors with such limitations as he thinks necessary; so that a Priest having no Licence, or transgressing the bounds that were set to him by his prelate, if he shall presume to hear Confessions and Absolve, his Confessions and Absolutions are void and of no force; neither are the sins of the penitents pardoned, who are therefore bound to Confess themselves again to a Confessor that has power to Absolve, as if they had not confessed before; but when any one is in probable danger of Death, and cannot have a Priest that is Licensed, any priest, tho’ he is not Licensed, may Confess and Absolve him in that case.

Whereas it belongs to the good Government of the Church and the Faithful, that Crimes of a heinous nature should be judged not by every priest, but by Prelates or Bishops, because for that reason Christians will be the more fearful to commit them; besides that, it has always been the Custom of the Church, to reserve to the prelates, and even to the Pope as the Universal Head of the Church, some Crimes from which they and none else can Absolve, or not do it without their leave : therefore the synod doth declare, That notwithstanding this Doctrine has not hitherto been understood or practised in this Bishoprick, by reason of the great Ignorance of the Church and sacred Canons that has reigned therein : Nevertheless, that the ordinary Confessors have no power to Absolve in cases reserved to the Prelate, and least of all in those that are reserved to the Pope, namely, those contained in the Bulla Coenae Domini; which all Confessors ought to be acquainted with; neither can they Absolve in the Crime of Heresy, or in any cases wherein the Faith is concerned; all which do belong to the Court of the Holy Office of Inquisition, or to such as are Commissioned by them, or to the Bishop who by himself may Absolve in the Form of the Holy Council of Trent; and according to the Ordinations of the Holy Fathers : Neither can ordinary Confessors dispense with or change the Vows of Penitents, because that belongs to the Prelate, or such as are deputed by him, or that have obtained Apostolical Privileges to that effect. Only at the point of Death, not only approved Confessors, but also all simple Priests, there being no other to be had, are obliged to hear Confessions, and may also Absolve in all Cases and from all Censures to whomsoe’er reserved. Tho’ as to the Censures with this Obligation, that if the Sick Person shall recover, they shall return to the Persons again to whom they were before reserved, from whom they shall receive such healthful Penance as shall be thought meet.

That Confessors may the better know in what Cases they may, and in what Cases they may not absolve their Penitents, having no Authority to do it, the Synod doth command the Bulla Coenae Domini, and all the Cases reserved in this Bishoprick to be passed on a Board, and set up in all Sacristies, and where there are no Sacristies, in the chief Chapel in every Church in the Malabar Tongue, for the direction of the Confessors, and doth furthermore in its regulation of the reserved Cases in this Diocess, declare, That willful Murther, publickly committed with violence on the Person of an Ecclesiastick, the voluntary firing of Houses, or of any Goods belonging to Christians, formal Simony both in the givers and receivers, marrying without the Vicar and two Witnesses, Schism and Disobedience against the Prelate, in all that are guilty thereof, or that favour such as are, the having of any of the Books condemned by this Synod in their Houses, or the reading of any of them, the performing of the publick Ceremonies called Taliconum Coliconu, the having of Pagods or Idols in their Houses, and the giving them any Veneration, have all the censure of Excommunication annexed to them, of which tho’ some are 52reserved by Law, yet that they might be the better known, it was thought fit to have them expressed here.

The Sentence of Excommunication being the last and most rigorous punishment of the Church, and which for that reason ought not to be inflicted but with great Caution and Consideration, the Synod doth therefore condemn the facility wherewith it has been used in this Diocess upon very slight and impertinent occasions, commanding it not to be inflicted hereafter, but for weighty causes, and with great consideration, and never by word of mouth, but always in Writing. The Synod doth likewise condemn what has been formerly commanded in this Bishoprick, which was, that in certain Cases Penitents were not to be absolved, but at the hour of Death, and in some not then neither, which is contrary to Christian Charity, and the Rules of the Church, who as a Pious Mother at all times receives true Penitents, and never shuts the Gates of Salvation against any of her Children : So that let their Crimes be never so enormous, yet upon their doing Penance, and expressing a deep sorrow for their Sins, and yielding the satisfaction that is imposed upon them, they are graciously received, and made free at least in the Internal or Sacramental Court : But being there is no other punishment in this Church, by reason of its being under Kings that are Infidels, beyond that of Excommunication or Exclusion from the Church, some who are absolved in the Internal Court may still continue excommunicate in the External, so as not to be permitted to enter the Church; and tho’ the Priests may go to their Houses, they shall not give them the Casture, until such time as the Prelate shall order it to be done, having a regard to the heinousness of their Crimes, and the length of time from the Commission of them, that by this means the facility wherewith the Christians of this Diocess commit several Crimes, namely Murther, and the Ceremonies of the Taliconum may be removed.

Forasmuch as the Ignorance of Confessors is the destruction of Penitents, and thorow the Error of the Key, there is nothing done, and it being known to the Synod that in this Diocess there are many Confessors that are such Idiots, as not to know what they do in Confession, all the Priests exercising themselves therein without ever having been examined as to their sufficiency; it doth therefore command, that from henceforward no Priest shall presume to hear Confessions without being Licensed thereunto in writing by the Prelate, which License shall not be granted to any, but what have been first examined by Learned Persons, as to their sufficiency for such an Employment, and until such time as this Church is provided of Prelates to regulate all such matters to the best of their understanding, the Synod doth commit the Examination and Approbation to the 53Fathers of the Society of Jesus, of the College of Vaipicotta, upon whose Examination and Approbation, and a Licence granted by the Governour whom the most Illustrious Metropolitan will leave in this bishoprick, the Priests may hear Confessions with the limitations expressed in the said Licences, and all such as are at present Confessors, shall be examined by order of the Lord Metropolitan at his next Visitation, and such of the Clergy as shall be made Parish- Priests, or Vicars, shall be first examined, and approved of in the same form to be Confessors, that so such as are not qualified to be Confessors, may not be admitted Vicars, whose precise Obligation it is to confess their Sheep : And all Confessors that are not approved of by the said Lord Metropolitan in the form aforesaid, this Synod doth suspend from the Office of Confessor till such time as they shall be effectually examined and allowed of, and if any Priest, which God forbid, shall be found hearing Confessions without such a Licence, except in the case of danger of Death, and where no Confessor is to be had, he shall be suspended from his Office and Benefice for a Year, and be further punished according to the degree of his Contumacy, and the Penitents shall be admonished to confess themselves again to some approved Confessor.

By reason of the great want there is of knowing and able Confessors in this Bishoprick, the Synod for the sake of the Sheep thereof doth approve of all such Confessors as understand the Malabar Tongue, and are Licensed Confessors in any other Diocess, of whom also the Prelate may make use for the assistance of the Parish-Priests in Lent, where it shall be judged necessary, and especially of the Priests of this Diocess residing at Cochim.

The Synod doth grievously condemn the Sacrilegious Ignorance of those Priests, who when they have confessed any at the command of the Prelate, or of any other by whom they are authorized, after having heard the Sins of their Penitents, do carry them to the said Prelate, to be absolved by him in the Sacramental Court; which was what happened to the most Illustrious Metropolitan in these parts; the Synod doth therefore teach and declare, That none can absolve the Penitent in the Sacramental Court, but the Priest only that heard his Sins; for whereas he is the Judge, it is he that ought to pass sentence and absolve, in conformity to what he had heard confessed, the contrary being a gross and manifest Error.

For as much as there are some ignorant Clergymen, who being desired by Christians to read the Gospels and Prayers to them, or to give them the Blessing on their heads, do ignorantly use the form of Sacramental Absolution, saying, I absolve thee from thy Sins in the Name of the Father, &c. wherefore the Synod doth advertise and admonish them not to commit such an Error, it being a most grievous Sacrilege to apply the Sacramental form, where it ought not to be, wherefore they shall only read the Gospels and Prayers allowed, ending with the Blessing In the Name of the Father, &c.

The Doctrine of the Sacrament of Extream Unction.

THe fifth Sacrament of Extream Unction has for its matter, the Oyl of Olive blessed by a Bishop, it is called Extream Unction, because it is the last of all the Holy Unctions, instituted by our Lord Christ in his Church, and the last that is received by a Christian; this Sacrament is to be administred to an adult Person that is sick, when apprehended to be in probable danger of death, who is to be anointed by the priest the only minister of this Sacrament, on those parts wherewith he hath offended God chiefly; that is to say, on the Eyes, because of Sins committed by the sight; on both the Ears, because of sins committed by hearing; on the mouth, because of sins committed by tasting and speaking; on both the hands, for the sins committed in feeling and touching; on both the Feet, for the Sins committed in walking; on the Loins and Reins, for being the chief seat of Carnal pleasure; every one of which parts must be anointed by the Priest, making the sign of the Cross upon them with his Thumb dipt in Holy Oil, and at the same time repeating the words of the form, which are, By this Holy Unction, and his most tender mercy may our Lord forgive thee all the Sins thou hast committed by thy sight; and so on, naming every part or sense as it is anointed: The effect of this Sacrament, is the Health of the Soul, and of the Body also, so far as it is convenient and necessary to the Soul, which is the chief; moreover, it washeth away the Reliques of sin, if there are any remaining in the Soul, comforting the Soul of the Sick withall, and confirming and exciting in it a great confidence in the Divine Mercy, by virtue of which consolation it suffers the troubles of sickness with the more patience, and with the greater ease resists the Temptations of Satan, whose custom it is to assault the Soul with extraordinary violence in its last Hour : It likewise cherishes and succours the Body, so far as it is convenient for the salvation of the Soul, as S. James teacheth us in his Canonical Epistle, saying, Is any one Sick, let him call for the priests of the Church, and they shall pray over him, anointing him with Oyl in the Name of the Lord, and the Prayer of Faith shall save the Sick, and the Lord shall give him ease, and if he be in Sins, they shall be forgiven him: The Apostle in saying they shall be pardoned, demonstrates it to be a sacrament, whose Virtue and Nature is to conferr Grace, that Pardoneth Sins; and in saying, if any are sick among you, he declares the time when this sacrament is to be received, that is in time of dangerous sickness; and in saying, they shall call the Priests of the Church, he sheweth that the Priests are the only Ministers of this sacrament, and in saying, they shall be anointed with Oil in the Name of the Lord, he sheweth, that Holy Oil is the matter of this Sacrament; and in saying, they shall pray over the sick, anointing, he sheweth, that the form of this sacrament is to be pronounced by way of deprecation, or prayer; and in saying, the Lord shall give him ease, he sheweth also, that the effect of this Sacrament is to give health to the Body, so far as it is convenient and necessary to the health of the Soul. And whereas this Sacrament was instituted for the use of the Sick, none but what are dangerously so must take it, and a Person who shall recover after having received it, may when dangerously sick receive it again, it having been instituted by our Lord for that end; and to prepare, defend and fortifie us at the time of our departure out of this life, whensoever it is.

Whereas in this Bishoprick there has not been hitherto any use of the Sacrament of Extream Unction, in which for want of Catholick Instruction, there has been no knowledge of the Institution, Effects, or Efficacy thereof; therefore the Synod does most earnestly recommend the use of this Sacrament, commanding the Vicars to be vigilant over the Sick of their Parishes, where-ever they live, whether in the Villages or in the Heaths; and whenever they shall hear of any in danger of Death, to carry the most Holy Sacrament of Unction, and administer it to them according to the Roman Ceremonial, which is to be translated into Syrian, and kept in all Churches, anointing them with Oil, and making the sign of the Cross with Holy Oil on both their Eyes shut; doing the right first, and then the left, upon the Eye- lashes, and upon both the Ears, the Nostrils, and the Mouth, being shut, on both the Lips; but if the Distemper should be such, that the Sick Person’s Mouth cannot be shut, or not without danger, then the upper Lip shall be anointed, making the sign of the Cross upon it ; as also both the Palms of the hands, the Balls of the Feet and the Loins, ordering the Sick Person to be moved gently; neither is it necessary that any more of these parts should be anointed than what is convenient for the making the sign of the Cross with the Holy Oil; and the Priest must be sure to remember in this, as in all other Sacraments, to join the Form with the Matter, repeating the words of the Form as he anoints the parts : If the Sick Person shall happen to expire while the Priest is anointing, the Priest being satisfied that he is dead, shall proceed no further with the Office; and the Vicar, through whose negligence any Parishioner shall die without having received this Sacrament, shall be suspended from his Office and Benefice for six Months.

FOrasmuch as the Troubles the Sick are in, together with the want of good Instructions in matters appertaining to their Salvation, do but too often make them unmindful of the Holy Sacraments; wherefore the Synod doth command and earnestly recommend it to all Confessors that are called upon to Confess any Sick Person to instruct them in the Doctrine and Efficacy of this Sacrament of Unction, admonishing, persuading and intreating them when they shall come to stand in need of it, to have it administred to them; and they shall also admonish the People, and particularly those who attend the Sick Person, not to fail to call the Vicar when it is necessary, that is, when they apprehend the Sick Person to be in any danger, and before he has lost his Senses, to give him the Holy Unction; and such as shall be negligent therein, besides the offence they do to God and the Sick Person, shall be punished severely at the pleasure of the Prelate.

THe Synod doth command the Priests that go to anoint the Sick, tho’ it should be to the Hamlets, to go in their Surplice and Stole, carrying the Vessel the Holy Oil is in, in their hands, covered with a piece of Silk, with great reverence, having the chamus or Parish-Clerk before them with the Cross of the Church in his Arms, who, or some other person, shall also carry a Pot of Holy Water, and if it is in the Night, a Lanthorn or some other Light before him, that so all People may know what he is going about; and if the Sick Person is in a condition, he shall persuade him to Confess himself again, and be reconciled, notwithstanding he should have Confessed himself the day before; letting the Sick Person know that it is necessary in order to his receiving the Holy Sacrament of Unction with the greater purity; and when the Priest shall be to carry this Sacrament a long way to those that live in heaths, he shall go in the best Form he can, and shall carry the Surplice and Stole along with him, that so when he comes to administer the Sacrament, he may do it with all due reverence; he shall likewise, if the Sick person has not a Crucifix of his own, leave one upon his Pillow, exhorting him to fix both his Eyes and confidence thereon at his last minute, begging by it the pardon of his Sins of our Lord, who for our sake died thereon.

Of the Holy Sacraments of Order and Matrimony.

The Doctrine of the Sacrament of Order.

The sixth Sacrament is that of Order, which was instituted by our Lord Jesus Christ the day before he suffered for us, after that he had made an end of instituting the Sacrament of the Eucharist, that so he might institute the Sacrifice and the Priests that were to offer it together; at which time he created the Apostles Priests, giving them withal power to consecrate others, that so the Sacrifice and the Priesthood might be continued in the Church till the end of the World. The Matter of this Sacrament is that which is delivered to the Person that is ordained, for the exercise of that Order he has received; to the Priests, a Cup with Wine in it, and a Patten with Bread; to a Deacon the Book of the Gospels; and to a Sub-Deacon an empty Cup and Patten, and so as to the other inferiour Orders: The form of the Priesthood and other Orders, are the words spoke by the Bishop when he delivers to every one that which belongs to his Ministry and the exercise of his Order. The Minister of this Sacrament is only a Bishop, to whom only Christ committed the power of Consecrating Priests; the effect of it is the encrease of grace, to the end that the Person ordained may be a fit Minister. This Sacrament was instituted by Christ as highly necessary in his Church; for a Sacrifice and Priesthood are so joined, that the one cannot be without the other; wherefore since under the new testament the visible sacrifice of the holy Eucharist was to be instituted, it became therefore necessary, that there should be a new, visible and eternal priesthood in the same church, whereby the ancient priesthood of the old law was translated; and there were priests provided accordingly for the offering of the divine sacrifice; which priests being lawfully ordained, our lord Jesus Christ has given them power over his true and real body, to consecrate, offer, and Administer it, as also over his mystical body the church; giving them power to pardon and retain sins; to which power it likewise belongs to rule and govern all Christian people, and to lead them in the way to Eternal life. Now the priesthood being so high an office, that it may be exercised with the more decency and veneration, it was convenient that there should be different Orders or ministers, who are bound by their function to serve the priesthood, and to be divided in such a manner, that after having received the clerical Tonsure, they are to ascend through the lower to the higher orders. The 54lower are the ostiary, reader, exorcist, Acolythus. The higher those which are called holy, and are the Sub-Deacon, Deacon, and Priest, to which degrees there is joined that of bishops, who succeeded in the place of the apostles, and as St. Paul saith, are ordained to govern the church of god; so that they are in a higher degree than the Priests, and to them only it belongs, by virtue of their office, to administer the sacrament of confirmation, to consecrate the holy oil of Chrism, and to consecrate altars and Churches, and ordain Priests and other bishops. The church enjoins continency and chastity to all that take Holy holy, that so being disingaged from all other business they may employ themselves wholly in the ministry of the altar, and be intent only on matters appertaining to our lord, and divine worship. The church does not admit slaves to be priests, because it is necessary to the Divine Worship, that the ministers thereof should be free and not subject to others, and that they should not have been guilty of Murther or blood, neither must they have been born out of lawful wedlock, nor have any blemish or maim, nor have been twice married, nor have married a widow, nor be boys that are not come to perfect age; all which is ordered for just Reasons and Considerations, and out of respect to the high Mystery wherein they are exercised.

Whereas it has been hitherto the custom of this Diocess to ordain Boys even Priests, and that without examining their lives and manners, having for money and not for any extraordinary sufficiency, all the orders inferiour, as well as Holy, conferred upon them in one day, contrary to the Holy canons and the laws of the Church: Therefore the synod doth command, That from henceforward, none be ordained but what have first been examined as to their Sufficiency, Lives, and manners, which shall be done by the prelate, or by some appointed by him, fearing God, and who are observers of the Holy Canons, and the forms of the Holy Council of Trent. And whereas in the said Council it is commanded, That none be ordained sub-Deacon under Two and Twenty, nor Deacon under Three and Twenty, nor priest till they are five and Twenty, this Synod doth command the same to be inviolably observed; declaring, that no prelate can dispense therewith without being particularly impowered and authorized thereunto by the Apostolical see. And forasmuch as there are great numbers in this Diocess that have been ordained before they were at that Age, the synod suspends all such, whether priests, Deacons, or sub-deacons, from the exercise of their several Functions, until such time as they have perfectly attained to it, they shall nevertheless hold their places, and reap the benefits thereof, in the same manner as if they were in the exercise of their functions: and as to their sufficiency, the synod doth declare, that as the council of Trent requires, that all that are ordained do understand Latin, so in this Diocess it is required, that all that are ordained if they do not understand Latin, should understand Syrian: Neither shall any Syrian that does not understand it so well, as to be able to read and sing it, so as to understand what they say in the offices, be admitted into orders, or at least not into those that are holy.

All that are in Orders in this Diocess having been simonaically ordained in having pay’d a certain price, upon a formal bargain for their orders, have thereby incurr’d the grievous punishments of the law. Nevertheless in consideration of their ignorance, and the false Doctrine wherein they have been educated by their former Prelates, the Most Reverend Metropolitan, both by his ordinary Authority, this see being Vacant, and the Apostolical authority committed to him over this church, doth absolve all that have been so ordained, from all penalties and censures which by the law they have incurr’d, by having been simonaically ordained, commanding them to have no further scruples about that matter, and dispensing with them all as to the exercise of their orders, so that they may lawfully officiate, as in right they may and ought to do.

The Synod being informed that there are several Priests, who tho’ infected with the Leprosie, and miserably deformed thereby, do presume to Celebrate, to the great loathing of the People, and to handle the Holy Vessels and Vestments, to the endangering of the health of others, doth command, That none that are notoriously Leprous, do presume to Celebrate, all such being irregular according to the Law of Corporal defects, on the account of the disgust they give to People when they see them Celebrate in such a condition, and receive the most Holy Sacrament of the Altar at their hands.

Whereas it is the custom to receive the Casture or Blessing from the hands of the oldest Clergy-man that officiates in the Quire, and for all that are present to return it to him; which according to the usage of this Diocess, contains in it a Symbol of Charity, Communion, and Brotherly Love; the Synod being informed that there are those, who not being in Charity with their Neighbours, do not speak to them, nor take them by the hand, and do neither give nor take the Casture from them, thereby discovering that they live in malice with their Neighbours, denying them the ordinary Ecclesiastical Salutation used in the Church of this Diocess; doth command, that all that shall refuse to give or receive the same, be punished by the Prelate as Persons living in hatred or out of charity with their Neighbours; and that until such time as they shall give the said Casture, they shall not be suffered to come to the Altar, according to the command of our Lord Jesus Christ; Neither shall they be permitted to officiate or Minister in the Church; neither shall the Blessing be given them until they have effectually reconciled themselves to their Brother.

Whereas it is the Precept of the Universal Church, that all that are in Holy Orders do recite the whole Divine Office, and the usage of this Diocess is, to recite it only when they go to Church, and there, tho’ it happen to be near ended before they come, having heard a little to go away immediately, reckoning they have complied with their Obligation, tho’ they do not say over what they were not present at, there being very few that recite the Divine Office in their Houses, some imagining that they are not bound to do it any where but in the Church, and others excusing themselves for want of Books, there being but very few, and those that are, are in Manuscript in this Bishoprick; therefore the Synod doth declare, That all that are in Holy Orders, are obliged upon pain of Mortal Sin, to recite the whole Divine Office as it is recited in the Church; and that all such as shall come late, shall be obliged to recite what they have missed; and if they do not recite it in the Church, they shall do it at home in their Houses, having the conveniency of a Book, which being what a great many do want, the Synod obligeth all such to recite the said Divine Office by Beads, that so there may be none but what perform this duty either by Book or Beads : And tho’ the Divine Office consists of seven distinct Canonical hours, yet in this Church, in conformity to the Breviary thereof, they shall only recite one part at two times in the Morning, and the other part in the Evening; without making any other difference in the Divine Office, besides that of repeating one part thereof in the Morning and the other in the Evening; and whereas they who have no Books are to recite with Beads, such beginning in the Morning as the Divine Office is begun in the Church, shall say Thirty-three Pater Nosters, and as many Ave Maries, with the Gloria Patri, &c. in the Morning; and when they are ended, they shall moreover say twelve Pater Nosters, and twelve Ave Maries, for the Souls’ of the Faithful departed, and one Pater Noster and one Ave Mary for the Pope, and the same for the Bishop, instead of the Prayers that are said for them in the Church: and instead of the Prayers that are to be recited by them in the Evening, they shall say Thirty-three Pater Nosters, and as many Ave Maries, with the Gloria Patri, &c. as in the Morning; and when they are ended, they shall say 55nine Ave Maries to our Lady, and one Pater Noster and one Ave Mary for the Pope, and another for the Bishop as in the Morning, provided that such as have Books shall recite by them, and not by Beads, and such as recite by Beads, if they have said any of the Prayers either in the Morning or Evening at Church, shall not be obliged to recite them again, but shall only recite those which they may have omitted there.

The Synod doth command the Creed of St. Athanasius, Quicunque vult, to be translated into Syrian, and to be put into all the Breviaries, and Books of Prayer of this Diocess, and to be read every Sunday in the Church immediately after Morning Service, desiring the Reverend Father Francisco Roz, of the Society of Jesus to translate it, and all the Curates and Clergy to learn the said Creed by Heart, which is what the Holy Canons recommend to them, for as much as that Creed contains in it summarily the chief Mysteries of our Faith, and is used and sung in the Universal Church.

The Synod doth earnestly recommend it to all the Clergymen and Curates, not to be absent from Church at the time of Divine Service, Morning nor Evening, and that none offer to talk or divert themselves there any other way, as has been the Custom, or to dispose themselves to sleep whilst others are reciting, who are also to take notice, that in reciting they ought not to begin a new Verse before the Congregation has done with the former, and that tho’ it has hitherto been the custom for the oldest Clergyman that was present at Divine Service to give the Casture, that from henceforward the true Vicar of the Church being present, shall in every thing be preferr’d to all others as he is the particular Pastor of the Church.

There being no reason why they that do not minister in the Church, should be equally rewarded with those that do; it seems just to the Synod that the Curates and other Clergymen, that are absent either from Morning or Evening Service, or from the Mass of the day on Sundays and Holydays, be marked by the Vicar, or the oldest Clergyman in his absence, that when the Dividend comes to be made, for every time they have been absent so much may be deducted from their share,. as they that make the distribution shall think fit, in proportion to the quantity of the Dividend, which shall be done only when they are not hindred by some lawful Impediment, as Sickness, or are not otherwise employed in the Service of the Church, or by the Prelate, in all which cases they are to be excused : and the Sconses shall be equally divided among the rest.

The synod being informed, that great numbers of Clergy-men do use superstitious and Heathen Exorcisms, taking words out of an impious and prohibited Book called Parisman, for the casting out of Devils, doth command in virtue of Holy Obedience, that none presume to use any other exorcisms to that effect, but such as the Roman Church makes use of, and have been approved of by the Holy Fathers, which are to be bound up with the Offices of the Administration of the Sacraments, and all Clergymen, that shall be found to use any other, or to use any unknown superstitious words or Ceremonies with such as are possessed, shall be suspended from their Office and Benefice for a Year, and be subject to what other penalties the Prelate shall be pleased to lay upon them, according to the quality of the superstitions they have made use of; and in case they shall after they have been admonished and censured, persist therein, they shall then be Excommunicated; and when it shall appear that any have acted thus upon any compact or contract with the Devil, which God forbid, as it is said some do, they shall be declared Excommunicate, until they have done the condign Penance, which the Prelate shall have imposed upon them, and shall be moreover suspended from their Office and Benefice during their Lives, without any hopes of a dispensation, and shall be yet further punished, as the Law requires they should be, who are guilty of such Crimes, and are convicted of having had a compact with the Devil.

WHereas there are several Clergymen, who according to the superstitious Custom of the Heathens, do give good days for Marriages, and do several other things, at the request of Christians for the Heathens, and for that end keep an account of the lucky and unlucky days of the Gentiles in their Books, and do use some of their Prayers, and do make Schemes after the manner of Astrologers, as appears from several even of their Church- books, the synod doth command in virtue of Holy Obedience, and upon pain of the greater Excommunication, that no Ecclesiastical or Secular, or Cassanar, shall dare to give good or bad days for Marriages, or on any other occasion, or to draw any thing out of a Book of Lots, and namely out of that which is generally bound up with the Book called parisman, or out of any other place, or by whomsoever invented; and whosoever shall transgress herein shall be declared excommunicate, and shall be suspended from their Office for a Year, and six Months from their Benefice; it being the duty of the Priests rather to admonish the People to avoid all Heathen superstitions, and to chuse the solemn days of the Church, or the saints days, who may intreat God for them, for the celebration of their Marriages, or any other days they please, all days being good to those that do good upon them, being all equally the work of Gods hands. Those only which are spent in the greatest works and the higher celebration of the Divine Mysteries, being the days that are to be most reverenced.

Whereas it is decent that Priests being the Masters, from whom the people are to learn good Manners should themselves give good example, the Synod is therefore much concerned for the scandal some give by their being disorderly in their eating and drinking, to the great disgrace of the sacerdotal Office among so many Infidels, and does recommend Moderation to them, ordering such as shall be found at any time overtaken with drink to be sharply reproved by the prelate, and if it appear that they are frequently so drunk, as to lose their Judgment, they shall be suspended from the Exercise of their Orders for ever, tho’ not from reading Prayers with others in the Church, nor from the profits they may receive from thence. The Synod doth likewise command, That no Priest shall dare to eat or drink in a Tavern or publick Eating house, it being very unbecoming the gravity of the sacerdotal Office so to do, and is therefore forbid the Priests by Law: it doth likewise prohibit all Priests to eat with Infidels, whether Heathens, Mahometans, or Jews, upon pain of being suspended for four Months, from their Office and Benefice.

It being convenient that Clergymen should always go in a habit different from that of the Laity, and in such a one as becomes their Function, wherefore the synod doth command, that no Clergymen presume to go abroad in Doublets with their skirts flanting out, as has been too customary, or with any open Linen : but when they shall go into Town, or to the Church, or when they travel upon the Road, they shall wear a white and black, or blew Vestment, according to Custom, and a Hat or Bonnet on their Heads; neither shall they at any time go disguised, no not at Nights, nor when they go a hunting, or Fishing : and all that shall transgress herein shall be severely punished; neither shall they wash themselves, or if they do, it shall not be in the Company of Women, according to the custom of the Country, it being a thing very unbecoming the gravity of the Ministers of the Church: and as for their Beards, they shall be left to their liberty to do what they shall think fit, only such as are Young shall not suffer their Beards to grow, but shall still keep them shaved, and they that wear them very long, shall take care to 56cut off the Hair, that grows near their Lips, that so they may not be a hinderance to their receiving the Blood of the Cup in the Mass, by being so long as to touch it.

WHereas the Apostle S. Paul saith, That the persons that are particularly dedicated to the service of God and the Divine Worship, ought not to entangle themselves in secular Affairs; for which reason all Clerks are by the Sacred Canons prohibited to Merchandize, a thing very little observed in this Diocess, therefore the synod doth prohibit all the Clerks thereof to go upon the publick Exchange, or to Farm any of the revenues, or to be Factors or Agents, or to farm any Contracts singly, or in Company : or to sell any sorts of Merchant Goods publickly in their houses, or any sort of Victuals, or to bear any 57secular Office, all that shall transgress herein, shall be most rigorously punished by the Prelate, and if they do not reform, shall be suspended from their Orders, and such as are Taregas, if they shall not renounce that Office within a month, shall not be suffered to enter the Church, and shall be suspended from their Office and Benefice, until such time as they have effectually abandoned it.

Whereas several priests in this Diocess not having the fear of God or of the Church, or of their Prelates, before their eyes, and without having a due regard to the high station and Dignity they are in, do occupy themselves in secular Business and in publick Merchandize, and that they may do it the more securely, do neither wear the sacerdotal Habit, nor the Tonsure, nor any manner of Crown, but do wear their Hair long like the Laity : Therefore the Synod doth command in vertue of obedience, and upon pain of Excommunication, That all Clerks in Holy Orders, do wear the Habit, Tonsure and shaved Crown, and not long Hair after the fashion of the Laity; and that whosoever shall transgress herein, shall be declared Excommunicate, until they have put on the said Habit and Tonsure, and shall have their Crown shaved as other Ecclesiasticks.

Whereas there are several Ecclesiasticks, as well Cassanars as Chamazes, who being unmindful of their obligations, to free themselves from some vexations of Infidel Kings; or, which is yet more scandalous, to be favoured and protected by such Princes against their Prelates, that they may not punish them for their faults, do receive pay from the said kings as the Natives do, whereby they are obliged to take the Field as Souldiers, and Fight when commanded, which is expressly contrary to the Holy Canons and Ecclesiastical Laws : Therefore the synod doth command in virtue of obedience, and upon pain of Excommunication to be ipso facto incurred, That no Cassanar nor Chamaz do from henceforward presume to receive pay from any King as a Souldier; and that whosoever shall transgress herein, shall be immediately declared Excommunicate, and shall not be Absolved before they have renounced the said pay, and all the obligations thereof, and have undergone condign punishment for their fault.

It having been the Universal custom from the beginning of the Church, for all that are in Holy Orders, and especially Priests, to keep Chastity and Continency, as is evident from all the ancient Councils, Eastern and Western; and tho’ in the beginning of the Church, as well for the want of Priests, as for the making use of several Learned Men who were Married when they turned Christians, but not having been twice Married, several who were Married were not only consecrated Priests but Bishops also; which custom still remains both in the Greek Church, and in some that are subject to the Apostolical See, by which it is tolerated for just Reasons: Nevertheless the Church Catholick did never consent that Priests should Marry after they are in Orders, but was much rather for having such as were Married to leave their Wives, that that they might serve the better in the Holy Ministry : And whereas in this Diocess (which the Synod has taken notice of with great sorrow) through their vile ignorance of the Law, and the abounding iniquity of the Times, and their having been governed by Schismatical Prelates, Priests have Married after they were in Orders, nay have taken Orders on purpose that they might Marry the better, and have frequently Married Widows, and some have Married three or four times, making no account of the impediment of Bigamy, so strictly observed in the Church from the beginning, but did, notwithstanding that, go on still exercising their Function, some few excepted, who after they had been twice Married, gave over celebrating and performing all other Exercises and Ministeries of Priests; all which they thought they might do lawfully by virtue of a Licence granted by their Prelates, who notwithstanding they prohibited them to Marry upon pain of Excommunication, and had declared them Excommunicate, did nevertheless Absolve them for a sum of Money, or upon some Simonaical contract; so that notwithstanding that Excommunication, they did all Marry and continued in Wedlock, reckoning themselves safe in Conscience upon their having obtained a Licence after such a manner : All which being detested by the Synod as the inventions of the Devil, and devised by the covetousness of Schismaticks, and desiring to restore this Church to its due purity, and the usage of the Roman Church, doth command, in virtue of obedience and upon pain of Excommunication latae Sententiae, that henceforward no Clerk in Holy Orders presume to Marry, nor shall any Cassanar Marry any such, nor shall any presume to be present at any such Marriage, nor give Council, Favour, or Assistance thereunto : And whoever shall offend in any of these particulars, must know that they are Excommunicate and Cursed, and are to be declared as such by the Church; and as to those who are already Married, the Synod suspends them all, whether Married once or oftner, from the Ministery of their Orders, and all Sacerdotal Acts, until such time as they have put away their Wives effectually, which is what the Synod intreats them in the Lord to do : And to those who have been twice Married, or have Married Widows, or Women that were publickly dishonest, the Synod doth command all such as being Bigamists, and having Married contrary to their consciences, as it appears several of them have done, by their giving over thereupon to Celebrate, notwithstanding their having obtained a Licence from their Bishop, in virtue of obedience and upon pain of being declared Excommunicate, so soon as this Decree shall come to their knowledge, to turn off the said Women, not only as to Bed and Board, but so as not to dwell in the same House with them; declaring, that until they have done it they are in Mortal Sin, and do live in Concubinate, such Marriages having never been true or valid; but on the contrary, void and of no force : neither can any Prelate or Bishop grant Licences in such cases, having no Authority to do it, by reason of its being contrary to the Rules of the Church, that have been always punctually observed, and contrary to the Holy general Councils received all over the World; and as to those who have been but once Married, the Synod will consult the most Holy Pope and bishop of Rome, that he as Prelate and Head of the whole Church of God, and Master and Doctor of the same, may teach and command what ought to be done therein, and whatsoever his Holiness shall ordain, shall be punctually observed.

The Synod doth declare, That those Priests who as obedient Sons shall follow the advice of the Synod in turning away their Wives, may, after they have so done, continue in the exercise of their Functions; and if not otherwise hindered, may Celebrate, notwithstanding they have been twice Married, or may have Married Widows, since by such Weddings not being true Marriages, they did not incurr the irregularity of Bigamy : All which the Synod grants out of pure Grace, being extreamly desirous to have them turn away such Women, and out of respect to their Ignorance, and the Cheat that was put upon them by their Prelates, who instead of instructing them better, granted them Licences : And whereas all Priests that Marry are Irregular, according to the holy Canons, the most Illustrious Metropolitan by the Ordinary, as well as the Apostolical Authority, that he has in this Church by reason of the See’s being vacant, doth dispense with the Priests and all the other Clergy-men in Holy Orders that shall yield obedience to the Synod, in turning away their Wives, and shall desire to continue to officiate, as to the said irregularity which they have incurred, granting them Licence as to this freely and without scruple, to exercise their Orders.

Whereas the Wives of Priests who are called Catatiaras or Cassaneiras, have not only the most Honourable place in the Church for their being such, and are the more reverenced, but do moreover partake of the profits of the Churches wherein their Husbands ministred equally with the surviving Priests, and have sometimes a greater share of them than any of the Priests, by reason of the Seniority and Preheminence that their Husbands had in the Church; therefore the Synod doth ordain, That such of them as do not from henceforward depart from their Husbands, shall receive no such benefit : but if obeying the admonition of the Synod they shall leave their Husbands, they shall then immediately receive their proportion as an Alms to help to sustain them and their Families, and shall injoy the same place and Honour in the Church, and every where else which they did before.

The Synod doth declare, That notwithstanding it has received the Holy Council of Trent, with all its Decrees, relating both to the good Government of the Church and Manners, nevertheless that what was declared therein relating to Priests Bastards, not being permitted to Minister in the same Church, wherein the Fathers have Ministered before, is not to be extended to the Sons of the Married Priests in this Diocess that are now born, by reason of the great numbers there are of such at present in all Churches, and of other great inconveniencies that would follow thereupon; it is therefore permitted to such to Minister, nay to be Vicars of the Churches wherein their Fathers have officiated; but this is to be understood of such only as were born of Marriages, that were reputed true, the provision of the forementioned Holy Council being to take place, as to all that shall be born hereafter.

Whereas the sin of 58Simony is one of the greatest offences in the Church, and a pernicious plague therein, which God has always punished with great rigour, it being the selling of Spiritual things for Money; and this Bishoprick, which the Synod takes notice of with great regret, having hitherto abounded with it, Money having been publickly taken for the administration of the Holy Sacraments, and after such a manner that none of them were given, before the Money was either put into the Priest’s hands, or into the Church Box, to be divided among them, no, not so much as the Holy sacrament of the Eucharist, at which all pious Ears do tremble, nor any other Sacraments or Dispensations for Marriages, nor Absolutions from Excommunication, nor the Consecrations of Stones, nor any of the lesser Orders, nor Licences, nor Reverenda’s, to go to receive those Orders in another place, nor Letters Dimissory for Clerks, to go to other Diocesses; all which was done at a Rated Price, or by a Publick Agreement : All which the Sydod detesting as a most execrable and horrid abomination, doth therefore in virtue of Holy Obedience, and upon pain of Excommunication to be ipso facto incurred, command, That no Money, nor nothing else, be taken for any of the foresaid things; and that no Priests shall dare to take any thing for the administration of any of the sacraments, nor to give them upon any such consideration to any Person whatsoever, but shall give the Holy sacrament gratis to the Faithful, according to the Precept of our Lord Christ, who said, Freely you have received, freely, you shall give; neither shall they so much as receive alms that the Faithful would give voluntarily, though not given with any respect to the sacrament, if offered at the same time when the sacrament is administred : And the priest that shall be found to transgress herein, besides being Excommunicated, shall be suspended from his Office and Benefice for three Years, and the Vicars must take care to advertise the People thereof. The Synod being moreover informed, That a great many poor People who live in the Heaths, do not bring their Children to be Baptized, because they have not so much Money as is demanded, doth order the Priest to be satisfied with the Profits arising from the Dead, the Alms they receive for their Masses, in which the Synod declares there is nothing of Simony; but only a congruous maintenance for the Priest that Celebrates, given by the Person that he recommends, and with the other Alms which the Faithful are accustomed to give; which being just and Holy, shall be divided after the same manner as they have been formerly : And the Synod doth declare further, That such as are absolved from Excommunication, if it was for any great Crime that they were under that Censure, though there can be nothing taken for their Absolution, yet for the Fault that they have committed, they may, by way of Punishment, be Condemned in a Pecuniary Mulct, if Authorized by the Prelate, which Money must be put to some Pious use, or employed in the building of a Church; and the Offender being Poor, he may be employed in person to do some work about a Church, for so long as shall be thought fit, and in that Case no Money shall be required of him.

The synod desiring by all means possible to destroy and root out of this Diocess the pernicious Vice of Simony, which it understands to have been encreased in part by the want the Ministers of the Church are in of a necessary maintenance, doth therefore most earnestly entreat the people of this Bishoprick to apply a certain Yearly Summ to be raised by the way of Alms, Collection, or Assessment, or by the way of Tithes, according to Peoples Abilities; for the support of the Vicar and Curate of their Souls, and the other Ministers that are necessary to the Divine Service in the Church, which the most Reverend Metropolitan may treat about in every Parish; for they must know, that Christians are bound both by divine and Humane Laws to maintain the Priests which pray to God for them, and give spiritual Food to their Souls, of which they are to render an account to God and their Prelates.

That this Synod may by all ways possible supply the Necessities of the Ministers of the Church, and by that means extirpate Simony; besides what it desires the people to contribute towards their maintenance, understanding their Poverty to be such, that they are not able to supply them with so much as is necessary, it doth further beseech his Catholick Majesty, the King of Portugal, that as Protector of the Christians of these parts, and the only Christian King and Lord in the Indies, he would be graciously pleased to provide the Vicars of this Church with a sufficient Maintenance, as he does in all the other Churches of the Indies, allowing them at least fifteen thousand Cruzado’s to be divided among them all, besides what shall be gathered for them in their respective Parishes; which as the synod is informed, is the Summ that was formerly desired of his Majesty in the third Provincial Council of Goa, in order to the reducing of this Church to the Obedience of the Church of Rome, and the extirpating of Simony. The synod doth moreover intreat the most Illustrious Metropolitan to present this their petition to his Majesty, in the Name of this Church, representing therewith the great Necessities of the Ministers thereof, and that until such time as they shall have his majesty’s answer, the said Lord Archbishop, Metropolitan of this Church, and President of the Synod, Dom fray Aleixo de Menezes, understanding how effectual a course this will be for the rooting the Pestilential sin of Simony out of this Diocess, and for the tying of Vicars to their Churches, there to govern the Faithful, and administer the Holy sacraments to them, would be pleased to give the said Summ of fifteen thousand Cruzado’s Yearly out of his own Revenues, and to pay it Quarterly at Goa, to be divided among the said Vicars, the distribution whereof the Synod orders to be made in all Churches according to the Allotments, in the Instrument passed, and signed and sealed by the said Lord Arch-bishop, under the Great Seal of his Chancery, every Church being to receive so much, as was now read in the presence of the whole Synod.

Whereas this Diocess is not only provided with a sufficient number of Clergy, but has a great many more than are necessary, and the Holy Council of Trent having prohibited that any more should be ordained than what are necessary for the Churches, the Synod doth therefore command, that during the vacancy of this See, none shall be put into 59Holy Orders, neither shall any Reverenda’s, or Licences be granted for that purpose, such only as are in Holy Orders may go ascending therein, as the Governour, who is to be left in this Diocess by the most Illustrious Metropolitan shall judge convenient : The Synod doth also put such as do aspire to Priests Holy Orders in mind of not failing to learn the Doctrine of the Sacraments, and the Form of Sacramental Absolution, so as to be ready to use them on all occasions, and in all Cases of Necessity, as also the absolution from Censures, or at least the Conditional one, which always goes before the Sacramental Absolution from Sins in Confession.

The doctrine of the Sacrament of Matrimony.

The seventh Sacrament is that of Matrimony, which according to the Apostle is the signification of that Union which is betwixt Christ and his Church. The efficient Cause of Matrimony regularly, is the Consent of both parties declared by Words or Signs de praesenti. This Sacrament our Lord Jesus Christ Founded on the Matrimonial Contract, which has always been in the World, and in all Religions, from whence it is that Matrimony is to be considered in two respects; either as a Natural Contract, or as a Sacrament instituted by our Lord Jesus Christ : The Bond of Matrimony God hath made to be perpetual, insomuch that it cannot be dissolved by any thing but Death, according to what Christ said, Whom God hath joined let no Man put asunder; which is also in it self very convenient. As it is a Sacrament, there is Grace received therein, as in other Sacraments, our Lord Christ, who was the Author and Institutor of the Divine Sacraments, having by his Passion merited Grace for us, whereby the Natural Love which is betwixt the Married couple is perfected, and the conjunction that is betwixt them is confirmed, and made Perpetual, and the Husband and Wife are Sanctified. There are two Reasons or Ends for which Matrimony was ordained and instituted; the first and principal is the Procreation or Generation of Children, for the conservation of the World, and the multiplication of the Faithful, and Servants of God. The second is, for a remedy for Uncleanness; and that such as are inclined to that Vice, might have a remedy given them by God, so that living with their Wives, they might not fall into that Sin, from whence it is that People may not only Marry once, but as often as one of the Parties dies, because this end of Matrimony may not only be compassed in the first, but equally in the subsequent Marriages; wherefore the Church detects those as Hereticks, who condemn second Marriages, holding them to be unlawful, as some Hereticks did anciently, and as some of the most Superstitious Heathens do at this day in these Parts; from whence it may also be collected, that this Sacrament may not only be lawfully celebrated betwixt Persons capable of having Children, but also betwixt those, who according to the ordinary course of Nature, cannot have any, because the second end may be answered in such Marriages; but where neither the one nor the other end can be answered, as in Children, for whom the Church has set a certain time, and in such as are under a Natural Impotency that will last as long as they live, as to Matrimonial Acts, Matrimony is not to be celebrated : And tho’ both under the Law of Nature and of Moses, there were Dispensations whereby Matrimony was made to deviate from its first Original, some of the Patriarchs having had several Wives at once by a Divine Dispensation, and the Law of Moses having permitted Divorces, or the repudiating of Wives, yet under the Evangelical Law, by which matrimony was perfected and restored again to its first Estate and Purity, it is prohibited for a Man to have more than one Wife at a time, and to turn away his Wife and take another so long as she lives. The Benefits of Marriage are three principally; the first is the Generation and Education of Children for the Worship and Service of the true God; the second is the Fidelity which the Married couple ought to keep to one another; and the third is the Perpetuity of Matrimony, which, in that it cannot be dissolved, signifies that inseparable Conjunction and Union that is betwixt Christ and his Church : And notwithstanding for the cause of Fornication or Adultery, it is lawful for the Married couple to part as to Cohabitation, yet it is not lawful to Marry with any other, because the Bond of Matrimony, being once lawfully tied, is Perpetual, and cannot be dissolved by any thing but the death of one of the Parties.

Holy Mother Church has always so ordered the celebration of Matrimony, as to make it to be understood to be a Holy thing, and that as Holy, it ought to be Holily treated; wherefore for the removing of several inconveniencies, and those especially that attend Clandestine Marriages, she has ordained and commanded, that Matrimony be celebrated in the face of the Church by the Vicar, or Parish-Priest, or some other Priest, Licensed by him or the Prelate, and in the presence of two or three Witnesses at least; and that all Marriages that are not celebrated with this Solemnity by the Parish-Priest before two Witnesses, are void and null : And that the Priest, who without leave from the Parish-Priest, and the Parish-Priest who without two Witnesses shall presume to Marry any couple, shall be severely punished. Now the Synod understanding that this Rule is not observed in this Diocess, but that the Persons who are to be married do imploy any Priest, and are married where they please, from which great Inconveniencies and Disorders do many times follow, different Rites and Ceremonies being also used in divers places in the celebration thereof, doth command, that all that is above related be punctually observed according to the Decrees of the Holy Council of Trent, which has been received by this Church in this Synod; declaring all Marriages not celebrated in this Form, or not by the Parish-Priest before two Witnesses, to be null, and the Parties not to be Married, neither are they to be permitted to live together as Man and Wife : And the Priests who shall presume to Marry without leave from the Parish-Priest or Ordinary, shall be suspended from their Orders and Benefices for one year without Indulgence; and the Marriage shall be declared void, and the Parties shall be obliged to Marry again in the foresaid Form. The Synod doth furthermore declare, That the Contracted may be Married by the Parish-Priest of either of the Parties, tho’ the Ordinary Custom is to be Married by the Parish-Priest where the Woman lives.

Whereas Matrimony ought to be celebrated with words signifying a present Consent, and in many places of this Diocess, it is commonly celebrated with words signifying only a Consent for the time to come : Therefore the Synod doth command, That when the Persons that are to be Married, come to the Door of the Church, the Parish-Priest, or some other Priest, having his or the Prelates Licence, being in his Surplice, with his Stole, and at least two Witnesses present, shall ask them, if they are pleased to Marry; and if they say they are, or express their Consent by some other evident signs, the Priest then shall take one end of his Stole, and laying it on the Palm of his left Hand, shall take the right Hand of the Bride and lay it on the Stole, and lay the Palm of the right Hand of the Bridegroom on the Palm of the right Hand of the Bride, in form of a Cross, and covering both their Hands with the other end of the Stole, and laying his own right Hand upon all, so that the Hands of both Parties, and both the ends of the Stole are betwixt the Priest’s Hands; after having blessed them with the sign of the Cross, he shall say, In the name of the Father, and of the Son, and of the Holy Ghost, Amen; and shall make the Bride say first, I N. receive thee N. for my lawful Husband, so as the Holy Mother Church of Rome doth command; and shall afterwards make the Bridegroom say the same words, I N. receive thee N. for my lawful Wife, so as the Holy Mother Church of Rome doth command; and after they have both said these words, the Priest shall say, I, by the Authority I have, do join you in Matrimony in the name of the Father, and of the Son, and of the Holy Ghost, Amen; after which he shall sprinkle them both with Holy Water, saying, By this sprinkling of Holy Water, the Lord give you Health and Blessing, Amen. And if neither of the Parties was ever Married before, they shall then be carried before the High Altar, where being upon their Knees, the Priest shall give them the Blessings, as they are in the Roman Ceremonial of the administration of the Sacraments, which is to be translated into Syrian, and to be used in all Churches; but if either of the Parties have been Married before, he shall not then give them the said Blessings, but dismiss them, after having said a Prayer in the Church.

That there may be no Frauds in Matrimony, and that the Impediments, which, if they were known, would hinder the same, may be discovered; and that in all things we may conform ourselves to the Decrees of the Holy Council of Trent, the Synod doth command, That what is ordained by the said Holy Council, be punctually observed; to wit, That the parties to be Married, shall have their Banns published by the Vicar, or by one appointed by him, on three Sundays or Holy-days in the Churches where the Bridegroom and Bride live, when the People are assembled at Mass, in this Form; N. born in such a place, does purpose to Marry N. the Daughter of N. and N. born in such a place; wherefore if there be any that know any Impediment, they must declare it upon pain of Excommunication: And the Vicar, in case he has any lawful Impediment declared unto him, shall not Marry the Parties before he has made the Prelate acquainted therewith, that so he may determine what is just to be done therein; which Publications cannot be dispensed with by any but by the Prelate, or one representing him : And in case it is probable that if such Publications are made, there are those that will maliciously endeavour to hinder the Marriage, tho’ in such a case the parties may be received without them, yet for the better discovery of other Impediments that may happen to be therein, they cannot be joined together, nor receive the Blessings, tho’ capable thereof, before the publications are made in the Churches, without the Prelate should be pleased to dispense therewith, to whose Prudence and Judgment the Holy Council of Trent has committed the whole of this Matter, and the Priest who shall receive any couple without a License from the Prelate, before such publications have been made, shall be suspended from his Office and Benefice for six months.

This Synod conforming it self in all things to the Holy Council of Trent, doth command that in every Parish there be a Book, as was ordered as to Baptism, wherein the Vicar of the Church shall write the Names of the Married Persons, and the Place, day of the Month, and Year, and the Names of the two Witnesses commonly called the Padrinhos, where they were Married, registring them thus, On such a Day of such a Month and year, I N. Vicar of the Church, naming the Saint to whom it is dedicated, in such a part, naming where the said Church is, did joyn N, the Son of N, and N. to N. the Daughter of N. and of N. born in such a place, both at the gate of the Church according to the Holy Council of Trent, the Witnesses were N. and N. to which the vicar and the two Witnesses shall sign their Names, and when any Priest shall by a License from the Vicar, or Prelate, marry any couple, he shall write, On such a day of such a Month, and Year, I N. a Priest, by a License from the Vicar of such a place, or from the Bishop, if he granted the License, did receive at the gate of the Church N. naming him, the Son of N. and N. naming his Parents, born in such a place, naming the Town according to the Holy Council of Trent, the Witnesses were N. and N. to which the said two Witnesses and Priest shall put their Names; which Book shall be kept among the Registers of the Church, and the Prelate at his Visitations shall see that there be no fault or neglect therein.

As Holy Matrimony is a Sacrament, and as such conveys Grace, it ought therefore to be received with great Purity and Holiness, wherefore this Synod conforming it self to the Holy Council of Trent, doth exhort and admonish, and command all that are to be Married, that at least three days before the celebration of this Sacrament, they do confess themselves, and being capable do receive the Holy Sacrament of the Eucharist, neither shall the Vicars receive them before they have complyed with this Obligation, concerning which they shall make diligent enquiry. The synod doth furthermore command, That all marriages be celebrated in the church, and that the parish-priest do not accommodate himself to the negligence of those who do not care to be seen to marry in the church; but declaring withall that wheresoever matrimony is celebrated, if it be done by a parish-priest, and in the presence of two witnesses, it is true and valid, tho’ the parish-priest ought not to marry any out of the church, but upon very urgent reasons.

There have been always in the church, even under the old law prohibited degrees of kindred, within which matrimony was not to be celebrated, and being celebrated, was null; and that not only as to such as were prohibited by a divine natural law, as betwixt Persons in the first degree, and betwixt Brothers and sisters, but as to others also who are prohibited by a divine positive law; wherefore the synod doth declare, that the degrees at this time prohibited in the church, without which matrimony cannot be celebrated without a Dispensation, and being celebrated, is void, are only to the fourth degree inclusive of consanguinity, and of affinity only to the second degree, as first cousins, second cousins, third cousins, fourth cousins, by father and mother, and the same degrees are prohibited in the kindred of affinity, betwixt the kinsfolk of the husband and wife, with whom either of the parties have been married; and besides, that the kindred in the first and second degree only with such, or of those with whom either of the parties have at any time had unlawful carnal knowledge, beyond which degrees there are no other of carnal kindred that can hinder matrimony, but in all these that have been mentioned, all marriages that are made, are null, and of no force, and all those that have married so, do live in the Mortal sin of foul fornication: but if any upon just and reasonable accounts shall desire to marry within any of these degrees that are prohibited only by a positive Law, they must have 60recourse to the Holy Apostolick See for a Dispensation, or to their Prelate, having power from the said See to do it, declaring the degree of Kindred wherein they desire to be dispensed, together with the Causes why they do desire it, in which the Prelate shall do what he shall judge convenient in the Lord, and so the Prelate being impowered by the Holy See to do it, shall do it gratis, without taking any thing for the dispensation, tho’ the Parties of their own accord should offer to pay him for it.

Besides the Carnal Kindred of Consanguinity and Affinity, which hinders Matrimony in certain degrees, there is also another sort of Kindred that does the same, which is called Spiritual Kindred, and is contracted in Baptism betwixt the Godfather and Godmother, and the Child that is Baptized, and the Parents of the said child, and in Confirmation or Chrism betwixt those who offer and present the Person that is confirmed, as was ordered in the Decrees of Baptism and Confirmation; which Spiritual Kindred of Godfathers and Godmothers, and Gossips, does so hinder the celebration of Matrimony, that without a Dispensation from the Apostolick See, or from some authorized by the Pope to that purpose, the Matrimony is null, and of no force all that live therein living in Fornication, and a state of Damnation; and if any that are thus a kin have a mind to marry together, they shall preferr a petition, as they shall be directed hereafter, but are to know that the Church does very seldom or never, but for weighty Causes dispense in Cases of Spiritual Affinity.

Whereas hitherto the prohibited degrees, and the reservation of dispensing with the same to the Apostolical See, has not been understood in this Diocess, the Prelates thereof having dispensed in all degrees, prohibited only by a positive Law, without having had Authority for what they did, so that great numbers by virtue of such Dispensations, have lived many years in a Married Estate, without any scruple concerning what was granted by their Prelates; for which reason the Synod for the greater security of the Consciences of such people has thought fit that the most Reverend Metropolitan should dispense with them in all the said degrees, by virtue of the Apostolick Authority granted to him in these parts to that effect, and particularly by the brief of Gregory the XIII. of glorious Memory, obtained at the instance of the Jesuits, and confirmed by our Holy Father Clement the VIII, at this time presiding in the Church of God; wherefore for the quieting of the consciences of such as have been married with the forementioned Dispensations, the said Lord with the approbation of the Fathers of the Society, doth by the Authority of the said Brief, effectually dispense in all and every one of the said degrees of Spiritual as well as Carnal Kindred and Affinity, which are prohibited only by a positive Law, and with all Persons who have married within the same with such dispensations so far as of right can or ought to be done, as much as if they were here particularly named; commanding them for the further security of their Consciences to be 61Married again privately in their houses, or elsewhere, as they shall judge most convenient, by any Priest they please, there being two Witnesses present, according to the form of the Holy Council of Trent: And the Synod doth command that henceforward such Dispensations be not granted any otherwise than in form of the Briefs of the Holy Apostolick See in these parts to that effect, declaring all that shall be granted otherwise to be null, and of no force; and the Marriages that are celebrated by virtue of them, to be void, and the Parties not to be married.

The Synod recognizing for the time to come the ancient prohibition,observed in the Universal Church of not marrying, from the first day of Advent until the Epiphany, and from Ash-wednesday until the Sunday of the Octaves of Easter inclusive, doth command the same to be inviolably observed in this Diocess, adding to those days the time from Quinquagesima Sunday forward when by ancient custom Lent is begun in this Church, but that at all other times, tho’ of Fasting, marriage may be celebrated as People shall think fit.

Whereas in this Diocess there has hitherto been no respect had in the celebration of Matrimony to the Age of the Parties that the Law appoints, therefore the Synod doth command, that no Man shall be Married hereafter, until he has attained the Age of fourteen years at least, nor no Woman before she is full twelve, declaring that herein the Prelates have no power to dispense, but can only, if any that are under that age should pretend to marry, judge in their consciences whether they are ripe for matrimony, and judging them to be so, may grant them a license, and dispense with their marrying; nevertheless, for several just respects, and the greater security of peoples Consciences, and to remove as far as is possible for the synod to do it, the imitations of the marriages that are so much in use among the Heathens, who marry people very young, there being also great numbers in this Diocess who have been married at nine or ten years old, or under, the synod will not have the said dispensation or anticipation of time to exceed four months as to men, and six as to women; nor to be granted by any but the bishop; and if any man hereafter shall presume to marry without such a dispensation, before he has attained the age of fourteen, or any woman while she is under twelve, all such marriages shall be void, but may be resolved into contracts de futuro, and the priests that shall marry any such, shall be suspended from their office and Benefice, for six months, and the parties shall be kept asunder until they are of a due age.

The Synod being informed, that great numbers of married people in this Diocess do, without any sentence of the Church, (to which all Matrimonial causes do belong) forsake their wives, and, to the great offence of god, absent themselves from them for a long time together, doth command that there be no such separations made without the order of the church and if any shall presume to make them, that they be constrained to come together again, upon pain of Excommunication, or whatsoever other penalty the bishop shall think fit to inflict; and in case they refuse to comply, they shall be declared Excommunicate, until such time as they return to one another; and in case they have any just cause to separate, they shall carry it before the prelate to be judged according to law, and what is just, and shall be obliged by censures to stand to his last determination. The Synod doth furthermore declare, That the non-payment of the portion that may have been promised, is no just Cause to leave their Wives, which they might have been careful to have secured before they were married to them; and that whosoever shall forsake their Wives on that account, shall be punished and constrained by excommunication to live with them.

The Synod being informed that the Black slaves that are Christians, and even such of them as live in the mountains with Christians, do marry without a priest, by only tying a Thred about the Brides Neck, according to the usage of the Heathens, doth declare, That all such marriages are void and null, and that all that live so; do live in Uncleanness; commanding all that have been so married, to be brought to the church, then to be married by the vicar, according to the Form of the Holy Trent council and as is above ordered. The vicars must take pains to inform themselves of the marriages of all such slaves, in order to make them observe the said decree inviolably; and the masters who have consented that their slaves or Servants should be thus married, and have celebrated such marriages themselves, and shall not send them to church to be married, tho’ they desire it, shall be severely punished at the pleasure of the prelate, and shall be told of the great wrong they do to their own consciences therein, and of the Scandal they give to Christianity.

The synod being informed that some of the Christians of the mountains have been married to several women in the face of the church, their first wife being still alive, to the great affront and injury of the holy sacrament of matrimony; doth command all vicars and curates at their first institution into their churches, immediately to make strict enquiry into this matter, and to force all such to live with their first wives; and, in case they refuse, to declare them excommunicate, until such

Page to be continued............
(Please click for next portion)

  Book 1| Book 2 | Book 3| Book 4