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A00089 Constitutions and canons ecclesiasticall; treated upon by the Archbishops of Canterbury and York, presidents of the convocations for the respective provinces of Canterbury and York, and the rest of the bishops and clergie of those provinces; and agreed upon with the Kings Majesties licence in their severall synods begun at London and York. 1640 ...; Constitutions and canons ecclesiastical Church of England. 1640 (1640) STC 10080; ESTC R212834 20,991 54

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when in the first times of Christs Church Prelates used this power 't was therefore onely because in those dayes they had no Christian Kings And it was then so onely used as in times of persecution that is with supposition in case it were requir●d of submitting their very lives unto the very Laws and Commands even of those Pagan Princes that they might not so much as seem to disturb their Civill Government which Christ came to confirm but by no means to undermine For any person or persons to set up maintain or avow in any their said Realms or Territories respectively under any pretence whatsoever any independent Coactive power either Papall or Popular whether directly or indirectly is to undermine their great Royall office and cunningly to overthrow that most Sacred ordinance which God himself hath established And so is treasonable against God as well as against the King For subjects to bear Arms against their Kings offensive or defensive upon any pretence whatsoever is 〈◊〉 the least to resist the Powers which are ordained of God And though they do not inv●de but onely resist St. Paul tels them plainly Th●y shall receive to themselves damnation And although Tribute and Custome and Aide and Subsidie and all manner of necessary support and s●pply be respectively due to Kings from their subjects by the Law of God Nature and Nations for the publike defence care and protection of them yet n●verthelesse subjects have not onely possession of but a true and just right title and propertie to and in all their goods and estates and ought so to have And these two are so far from ●rossing one another that they mutually go together for the honourable and comfortable support of both For as it is the dutie of the subjects to supply their King so is it part of the Kingly office to support his subjects in the property and freedom of their estates And if any Parson Vicar Curate or Preacher shall voluntarily or carelesly neglect his duty in publishing the said explications and conclusions according to the Order above prescribed he shall be suspended by his Ordinary till such time as upon his penitence he shall give sufficient assurance or evidence of his amendment and in case he be of any exempt jurisdiction he shall be Censurable by his Majesties Commissioners for Causes Ecclesiasticall And we do also hereby require all Archbishops Bishops and all other inferiour Pries●s and Ministers that they preach teach and exhort their people to obey honour and serve their King and that they presume not to speak of his Majesties power in any other way then in this Canon is expressed And if any Parson Vicar Curate Preacher or any other Ecclesiasticall person whatsoever any Deane Canon or Prebendarie of any Collegiate or Cathedrall Church any member or Student of Colledge or Hall or any Reader of Divinity or Humanity in either of the Universities or elswhere shall in any Sermon Lecture Common place Determination or Disputation either by word or writing publikely maintain or abett any position or conclusion in opposition or impeachment of the aforesaid explications or any part or article of them he shall forthwith by the power of his Majesties Commissioners for Causes Ecclesiasticall be excommunicated till he repent and suspended two yeers from all the profits of his Benefice or other Ecclesiasticall Academicall or Scholasticall preferments And if he so offend a second time he shal be deprived from all his spirituall promotions of what nature or degree soever they be Provided alwayes that if the offence aforesaid be given in either of the Universities by men not having any Benefice or Ecclesiasticall preferment that then the delinquent shall be censured by the ordinary authority in such Cases of that University respectively where the said fault shall be committed II. For the better keeping of the day of his Majesties most happy Inauguration THe Synode taking into consideration the most inestimable benefits which this Church enjoyeth under the peaceable and blessed government of our dread Sovereign Lord King CHARLES And finding that aswell the godly Christian Emperours in the former times as our own most religious Princes since the Reformation have caused the dayes of their Inaugurations to be publikely celebrated by all their Subjects with Pray●rs and Thanksgiving to Almighty God and that there is a particular form of Prayer appointed by authority for that day and purpose And yet with all considering how negligent some people are in the observance of this day in many places of this Kingdom● Doth therefore decree and ordain that all manner of persons within the Church of Englan● shall from henceforth celebrate and keep the morning of the said day in coming diligently and reverently unto their Parish Church or Chapp●ll at the time of Prayer and there continuing all the while that the prayers preaching or other service of the day endureth in testimony of their humble gratitude to God for so great a blessing and dutifull affections to so benigne and mercifull a Sovereign And for the better execution of this our Ordinance the holy Synode doth straitly require and charge and by authority hereof enableth all Archbishops Bishops D●anes Deanes and Chapters Arch-deacons and other Ecclesiasticall persons having exempt or peculiar jurisdiction as also all Chancellors Commissaries and Officialls in the Church of England that they enquire into the keeping of the same in their Visitations and punish such as they shall finde to be delinquent ●ccording as by Law they are to censure and punish those who wilfully absent themselves from Church on Holy-dayes And that the said day may be the better observed We do enjoyn that all Church-wardens shall provide at the Parish charge two of those books at least appointed for that day and if there be any want of the said book in any Parish they shall present the same at all Visitations respectively III. For suppressing of the growth of Popery ALl and every Eccl●siasticall persons of what rank● or condition soever Arch-Bishops and Bishops Deanes Arch deacons all having exempt or p●culiar jurisdiction with their severall Chancellours Commissaries and Officials all p●rsons intrusted with cure of soules shall us● r●spectiv●ly all possible car● and di●igence by conferring privately with the parties and by ●ensures of the Church in inferiour and higher Courts as also by complaints unto the S●cular power to reduce all such to the Church of England who are misl●d into Popish superstition And first these private Conferences shall be performed in each severall Diocesse either by the Bishop in person if his occasion will permit it or by some one or mor● learned Ministers at his speciall appointment and the said Bishop shall also designe the time and place of the said severall Conferenc●s and all such persons as shall be present ther●at● which if Recusants refuse to observe they shall be taken for obstinate and so certified to the Bishop And if the said ti●e and place be not observed by the Minister
according to the Act of Parliament in this behalf having fully advised herein with Our Metropolitan and with Our Commissioners authorised under Our great Seal for causes Ecclesiasticall have thought good to give them free leave to treat in Convocation and agree upon certain other Canons necessary for the advancement of Gods glory the edifying of his holy Church and the due reverence of his blessed Mysteries and Sacraments that as We ●ver have been and by Gods assistance by whom alone We reign shall ever so continue carefull and ready to cut off superstition with one hand so We may no lesse expell irr●verence and profanenesse with the other whereby it may please Almighty God so to blesse Vs and this Church committed to Our government that it may at once return unto the true former splendour of Vniformity Devotion and holy Order the luster whereof for some yeers by past hath been overmuch obscured through the devices of some ill affected to that Sacred Order wherein it had long stood from the very beginning of the Reformation and through inadvertencie of some in authority in the Church under Vs We therefore by vertue of Our Prerogative Royall and Supream authority in causes Ecclesiasticall by Our severall and respective Letters Patents under Our Great Seal of England dated the fifteenth day of Aprill now last past and the twelfth day of May then next following for the Province of Canterbury And by Our like Letters Patents dated the seven and twentieth day of the same m●neth of Aprill and the twentieth day of the moneth of May aforesaid for the Province of York did give and grant full free and lawfull libertie licence power and authoritie unto the said Lord Arch-bishop of Canterbury President of the said Convocation for the Province of Canterbury and unto the said Lord Arch-bishop of York President of the said Convocation for the Province of York and to the rest of the Bishops of the said Provinces and unto all Deanes of Cathedrall Churches Arch-deacons Chapters and Colledges and the whole Clergie of every severall Diocesse within the said severall Provinces and either of them that they should and might from time to time during the present Parliament and further during Our will and pleasure conferre treat debate consider consult and agree of and upon Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the honour and service of Almighty God the good and quiet of the Church and the better government thereof to be from time to time observed performed fulfilled and kept as well by the said Arch bishop of Canterbury and the said Arch-bishop of York the Bishops and their successours and the rest of the whole Clergie of the said severall Provinces of Canterbury and York in their severall Callings Offices Functions Ministeries Degrees and Administrations As by all and every Dean of the Arches and other Judges of the said severall Arch-bishops of Courts Guardians of Spiritualties Chancellours Deanes and Chapters Arch-deacons Commissaries Officials Registers and all and every other Ecclesiasticall Officers and their inferiour Ministers whatsoever of the same respective Provinces of Canterbury and York in their and every of their distinct Courts and in the order and manner of their and every of their proceedings and by all other persons within this Realm as farre as lawfully being members of the Church it may concern them as in Our said Letters Patents amongst other Clauses more at large doth appear Now forasmuch as the said Lord Arch-bishop of Canterbury President of the said Convocation for the Province of Canterbury and the said Arch-bishop of York President of said Convocation for the Province of York and others the said Bishops Deans Arch-deacons Chapters and Colledges with the rest of the Clergie having met together respectively at the time and places before mentioned respectively and then and there by vertue of Our said authority granted unto them treated of concluded and agreed upon certain Canons Orders Ordinances and Constitutions to the end and purpose of Vs limited and prescribed unto them and have thereupon offered and presented the same unto Vs most humbly desiring Vs to give Our Royall assent unto the same according to the form of a certain Statute or Act of Parliament made in that behalf in the 25th yeer of the Reign of King Henry the eighth and by Our said Prerogative Royall and Supream authority in Causes Ecclesiasticall to ratifie by Our Letters Patents under Our great Seal of England and to confirm the same The Title and Tenour of them being word for word as ensueth Constitutions and Canons Ecclesiasticall treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergie of those Provinces And agreed upon with the Kings Majesties Licence in their severall Synods begun at London and York 1640. In the yeer of the Reign of our Soveraign Lord CHARLES by the grace of God King of England Scotland France and Ireland and Sixteenth I. Concerning the Regall power WHereas sundry Lawes Ordinances and Constitutions have been formerly made for the acknowledgment and profession of the most lawfull and independent authority of our dread Soveraign Lord the Kings most Excellent Majestie over the State Ecclesiasticall and Civil We as our dutie in the first place bindes us and so far as to us appertaineth enjoyn them all to be carefully observed by all persons whom they concern upon the penalties in the said Laws and Const●tutions expressed And for the ●uller and clearer instruction and information of all Christian people within this Realm in their duties in this particular We do further ordain and decree That every Parson Vicar Curate or Preacher upon some one Sunday in every quarter of the yeer at Morning prayer shall in the place where he serves treatably and audibly read these explanations of the Regall power here inserted THE most High and Sacred order of Kings is of Divine right being the ordinance of God himself founded in the prime Laws of nature and clearly established by expresse texts both of the old and new Testaments A supream Power is given to this most excellent Order by God himself in the Scriptures which is That Kings should rule and command in their severall dominions all persons of what rank or estate soever whether Ecclesiasticall or Civill and that they should restrain and punish with the temporall sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commend●d when the Church keeps the right way and taxed when it runs amisse and therefore her government belongs in chief unto Kings For oth●rwise one man would be commended for anothers care and taxed but for anothers negligence which is not Gods way The power to call and dissolve Councels both nationall and provincial is the true right of all Christian Kings within their own Realms or Territories And
or Ministers so appointed they shall be suspended by their Ordinary for the space of six moneths without a very reasonable cause alleadged to the contrary Provided that they be not ●ent above ten miles from their dwelling If the said Conferences prevail not the Church must and shall come to her Censures and to make way for them the said Ecclesi●sticall persons shall carefully inform themselves in the places belonging to their severall charges of all Recusants above the age of twelve yeers both of such as come not at all to Church as also of those who coming sometimes thither do yet refuse to receive the holy Eucharist with us as likewise of all those who shall either say or hear Masse and they shall in a more especiall manner enquire o●t all those who are ●ither dangerously active to seduce any persons from the Communion of the Church of England o● s●ditiously busie to disswade his Majesties subjects from taking the oath of Allegiance together with all them who abused by their Sophistry refuse to take the said oath And we straigh●ly command all Parsons Vi●ars and Curates that they carefully and severally present at all Visitations the names and surnam●s of the delinquents of these severall kindes in their own parishes unde● pain of suspension for s●● moneths And likewise we straightly enjoyn all Church-wardens and the like sworn Offic●rs whatsoever ●hat by vertue o● their o●thes they shall present at the said Visitations the names of such persons whom they know or hear of or justly suspect to be delinq●ent in all or any of these particulars and that under the pains of the highest censures of the Church that so these delinquents may be legally cited and being ●ound obstinate they shall be excommun●cated and such excommunication shall be pronounced both in the Cathedrall Church of the Diocesse and in the severall Parishes where such Recusants live and every third moneth they shall be again publikely repeated in the places aforesaid that all may take notice of those Sentenc●s And because there are places which either have or pretend to have exemptions in which such delinquents do usually affect to make their aboad Therefore we enjoyn that all Bishops shall within their severall Diocesses send unto such places one or more of their Chaplains or some of their officers whom they may relie on to make strict inquiry after o●f●nders in those kindes who diligently returning their information accordingly the said Bishop shall certifie such informations to his Metropolitan that the aforesaid proceedings may forthwith issue from some higher Courts in these cases whereof by reason of the said exemptions the inf●riour Courts can take no cognisance● Bu● if neith●r Conf●rring nor Censures will prevail with such persons the Church hath no way left but complaints to the secular power and for them we s●●aitly enjoyn that all Deanes and Arch-deacons and all having inferiour or exempt Jurisdiction shall every yeare within sixe moneths after any Visitation by them holden make Certificate unto their severall Bishops or Archbishop if it be within his Diocesse under their Seale of Office of all such persons who have been presented unto them as aforesaid under pain of suspension from their said Jurisdictions by the space of one whole yeare And we in like manner enjoyne all Archbishops and Bishops that once every yeare at the least they certifie under their Episcopall Seale in Parchment unto the Justices of Assise of every County in the Circuits and within their Diocesses respectively the names and sirnames not onely of those who have been presented unto them from the said Deanes Archdeacons c. but of those also who upon the oathes of Church-wardens and other sworne men at their Visitations or upon the information of Ministers imployed in the said Conferences have been presented unto them that so the said intended proceedings may have the more speedy and the more generall successe In particular it shall be carefully inquired into at all Visitations under the oathes of the Church-wardens and other sworne men what Recusants or Popish persons have been either married or buryed or have had their children baptized otherwise then according unto the Rules and Formes established in the Church of England and the names of such delinquents if they can learne them or otherwise such names as for the time they carry shall be as aforesaid given up to the Bishop who shall present them to the Justices of Assise to bee punished according to the Statutes And for the education of Recusants children since by Canon already established no man can teach Schoole no not in any private house except hee bee allowed by the Ordinary of the place and withall have subscribed to the Articles of Religion established in the Church of England We therefore straightly enjoyne that forthwith at all Visitations there bee diligent enquiry made by the Churchwardens or other sworne Ecclesiasticall Officers of each Parish under their oathes who are imployed as Schoole-masters to the children of Recusants and that their severall names be presented to the Bishop of the Diocesse who citing the said Schoole-masters shall make diligent search whether they have subscribed or no and if they or any of them bee found to refuse subscription they shall bee forbidden to teach hereafter and censured for their former presumption and withall the names of him or them that entertaine such a Schoole-master shall be certified to the Bishop of the Diocesse who shall at the next Assise present them to the Judges to bee proceeded against according to the Statutes And if they subscribe enquiry shall be made what care they take for the instruction of the said children in the Catechisme established in the Book of Common Prayer And all Ordinaries shall censure those whom they finde negligent in the said instruction and if it shall appeare that the Parents of the said children doe forbid such Schoole-masters to bring them up in the Doctrine of the Church of England they shall notwithstanding doe their duty and if thereupon the said Parents shall take away their children the said Schoole-masters shall forthwith give up their names unto the Bishop of the Diocesse who shall take care to returne them to the Justices of Assise in manner and forme aforesaid And because some may cunningly elude this Decree by sending their children to bee bred beyond the seas Therefore wee ordaine that the Church-wardens and other sworne Ecclesiasticall Officers shall likewise make carefull enquiry and give in upon their oathes at all Visitations the names of such Recusants children who are so sent beyond the seas to be bred there or whom they probably suspect to bee so sent which names as aforesaid shall be given up to the Bishop and from him returned to the Judges as aforesaid that their Parents who so send ●hem may be punished according to Law Provided alwayes that this Canon shall not take away or derogate from any power or authority already given or established by any other Canon now in force