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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
of Administration of the holy Communion And we declare that this situation of the holy Table doth not imply that it is or ought to be esteemed a true and proper Altar whereon Christ is again really sacrificed but it is and may be called an Altar by us in that sense in which the Primitive Church called it an Altar and in no other And because experience hath shewed us how irreverent the behaviour of many people is in many plac●● some leaning others casting their hats and some sitting upon some standing and others sitting under the Communion Table in time of Divine Service for the avoiding of these and the like abu●●s it is thought meet and convenient by this present Synod that the said Communion Tables in all Chancells or Chappells be decently severed with Rails to preserve them from such or worse profanations And because the Administration of holy things is to be performed with all possible decency and reverence there●ore we judge it fit and convenient according to the word of the Service-Book established by Act of Parliament Draw neer c. that all Communicants with all humble reverence shall draw neer and approach to the holy Table there to receive the divine Mysteries which have heretofore in some places been unfitly carried up and down by the Minister unlesse it shall be otherwise appointed in respect of the incapacity of the place or other inconvenience● by the Bishop himself in his jurisdiction and other Ordinaries respectively in theirs And lastly whereas the Church is the house of God dedicated to his holy worship and therefore ought to minde us both o● the greatnesse and goodnesse of his Divine Majestie certain it is that the acknowledgement thereof not onely inwardly in our hearts but also outwardly with our bodies must needs be pious in it self profitable unto us and edifying unto others We therefore think it very meet and behoovefull and heartily commend it to all good and well affected people members of this Church that they be ready to tender unto the Lord the said acknowledgement by doing reverence and obeisance both at their coming in and going out of the said Churches Chancels or Chappels according to the most ancient custome of the Primitive Church in the purest times and of this Church also for many yeers of the Reign of Qu●en Elizabeth The reviving therefore of this ancient and la●dable custome we heartily commend to the serious consid●ration of all good people not with any intention to exhibite any Religious worship to the Communion Table the East or Church or any thing therein contained in so doing or to perform the said gesture in the celebration of the holy Eucha●ist upon any opinion of a corporall p●esence of the body of Jesus Christ on the holy Table or in t●e mysticall elements but onely for the advancement of Gods Majestie and to give him alone that honour and glory that is due unto him and no otherwise and in the practise or omission of this Rite we desire that the rule of Charity prescribed by the Apostle may be observed which is That they which use this Rite despise not them who use it not and that they who use it not condemn not those that use it VIII Of Preaching for Conformity WHer●as the Preaching of Order and Decencie according to St Pauls rule doth conduce to edification it is required that all Preachers as well Benefic●d men as others shall positively and plainly Preach and In●truct the people in their publike Sermons twice in the yeer at the least that the Rites and Ceremonies now established in the Church of England are lawfull and commendable and that they the said people and others ought to conform themselves in their practise to all the said Rites and Ceremonies and that the people and others ought willingly to submit themselves unto the authority and government of the Church as it is now established under the Kings Majestie And if any Preacher shall refuse or neglect to do according to this Canon let him be suspended by his Ordinary during the time of his refusall or wilfull forbearance to do thereafter IX One Book of Articles of inquiry to be used at all Parochiall Visitations FOr the better settling of an Uniformity in the outward government and administration of the Church and for the more preventing of just grievances which may be laid upon Church-wardens and other Sworn-men by any impertin●nt inconvenient or illegall enquiries in the Articles for Ecclesiasticall Visitations This Synode hath now caus●d a Summary or Collection of Visi●●tory Articles out of the Rubricks of the Service-Book and the Canons and warrantable Rules of the Church to be made and for future direction to be deposited in the Records of the Arch-bishop of Canterbury and we do decree and ordain that from henceforth no Bishop or other person whatsoever having right to hold use or exercise any Parochiall Visitation shall under the pain of a Moneths suspension upon a Bishop and two Moneths upon any other Ordinary that is delinquent and this to be incurred ipso facto cause to be printed or published or otherwise to be given in charge to the Church-warden● or to any other persons which shall be sworn to make Presentm●nts any other Articles or formes of enquiry upon oath then such onely as shal be approved and in terminis allowed unto him upon due request made by his Metropolitan under his Seal of Office Provided alwaies that after the end of three yeers next following the date of these presents the Metropolitan shal not either at the instance of those which have right to hold Parochiall Visitations o● upon any other occasion make any addition or diminution from that allowance to any Bishop of Visitatory Articles which he did last before in any Diocesse within his Province approve of But calling for the same shall hold and give that onely for a perpetual Rule and then eve●y Pa●ish shal be bound onely to take the said Book from the Arch-deacons and other having a Peculiar or exempt Jurisdiction but once from that time in three yeers in case they do make it appear that they have the said Book remaining in their publike Ch●st for the use of the Parish And from ev●ry Bishop they shall receive the said Articles at the Episcopall Visitation onely and in manner and form as formerly they have been accustomed to do and at no greater price then what hath bin usually paied in the said Diocesse respectively X. Concerning the Conversation of the Clergie THe sober grave● and exemplary Conversation of al those that are imployed in Administration of holy things being of great avail for the furtherance of pietie● It hath be●n the Religious care of the Church of England strictly to enjoyn to all every one of her Clergie a pious regular and inoffensive d●meanour● and to prohibit all loose and scandalous carriage by severe censures to be inflicted upon such delinquents as appeares by the 74. and 75. Canons Anno 1603. provided