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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
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
to this purpose For the more ●ffectuall successe of which pious and necessary care this present Synode straitly charges all Cleargie men in this Church that setting before their ●yes the glory of God the holin●sse of their calling and the edification of the people committed to them they carefully avoid all excesse and disorder and that by their Christian and Religious conversation they shine forth as lights unto others in all godlinesse and honesty And we also require all those to whom the Government of the Clergie of this Church is committed that they set themselves to countenance and encourage godlinesse gravitie sobrietie and all unblameable conversation in the Ministers of this Church and that according to the power with which they are intrusted they diligently labour by the due execution of the above named Canons and all other Ecclesiasticall provisions made for this end to reform all offensive and scandalous persons if any be in the Ministerie as they tender the welfare and prospering of Pietie and Religion and as they will answer to God for those scandals which through their remisnesse and neglect shall arise and grow in this Church of Christ XI Chancellours Patents FOr the better remedying and redresse of such abuses as are complained of in the Ecclesiasticall Courts the Synode doth Decree and ordain that hereafter no Bishop shall Graunt any Patent to any Chanc●llour Commissarie or Officiall for any longer terme then the life of the Grauntee onely nor otherwise then with expresse reservation to himself and his Successours of the power to execute the said place either alone or with the Chancellour if the Bishop shall please to do the same saving alwayes to the said Chancellors c. the Fees accustomably taken for executing the said jurisdiction And that in all such Patents the Bishop shall keep in his own hands the power of Institution unto Benefices as also of giving Licenses to preach or keep school And further that no Deane and Chapter confirme any Patent of any Chancellour Commissaries or Officials place wherein the said conditions are not expressed sub po●na suspensionis to the Deane or his locum tenens if he passe the Act in his absence and to every Canon or Prebendary voting to the confirmation of the said Act to be inflicted by the Arch-bishop of the Province And further the holy Synode doth decree and ordain that no reward shall be taken for any Chancellours Commissaries or Officials place under the heaviest Censures of the Church XII Chancellours alone not to Censure any of the Clergie in sundry Cases TH●t no Chancellour Commissarie or Officiall unlesse he be in holy Orders shall proceed to Suspension or any higher Censure against any of the Clergie in any criminall cause other then neglect of appearance upon legall citing but that all such causes shall be heard by the Bishop in person or with the assistance of his Chancellour or Commissarie or if the Bishops occasions will not permit then by his Chancellour or Commissarie and two grave dignified or benficed Ministers of the Diocesse to be assigned by the Bishop under his Episcopall seal who shall hear and censure the said cause in the Consistorie XIII Excommunication and absolution not to be pronounced but by a Priest THat no excommunications or absolutions shall be good or valid in Law except they be pronounced either by the Bishop in person or by some other in holy Orders having Ecclesiasticall jurisdiction or by some grave Minister beneficed in the Diocesse being a Master of Arts at least and appointed by the Bishop and the Priests name pronouncing such sentence of excommunication or absolution to be expressed in the Instrument issuing under seal out of the Court And that no such Minister shall pronounce any sentence of absolution but in open Consistory or at the least in a Church or Chappell the penitent humbly craving and taking absolution upon his knees and having first taken the Oath De parendo juri stando mandatis Ecclesiae And that no Parson Vicar or Curate sub poena suspensionis shall declare any of his or their Parishioners to be excommunicate or shall admit any of them so excommunicate into the Church and there declare them to be absolved except they first receive such excommunications and absolutions under the seal of the Ecclesiasticall Judge from whom it cometh XIIII Concerning Commutations and the disposing of them THat no Chancellor Commissary or Officiall shall have power to commute any penance in whole or in part but either together with the Bishop in person or with his privity in writing or if by himself there he shall give up a full and just account of all such Commutations once every yeer at Michaelmas to the Bishop who shall with his Chancellor see that all such moneyes be disposed of to charitable and publike uses according to Law And if any Chancellor or other having jurisdiction as aforesaid shall not make such a just account to the Bishop and be found guilty of it he shall be suspended from all exercise of his jurisdiction for the space of one whole yeer Alwayes provided that if the crime be publikely complained of and do appear notorious that then the Office shall signifie to the place from whence the complaint came that the delinquent hath satisfied the Church for his offence And the Minister shall signifie it as he shall be directed saving alwayes to all Chancellers and other Ecclesiasticall Officers their due and accustomable fees if he or they be not so suspended as aforesaid XV Touching concurrent Iurisdictions THat in such places wherein● there is concurrent Jurisdiction no Executor be cited into any Court or Office for the space of ten dayes after the death of the Testator And that aswell every Apparitor herein as every Register or Clark that giveth or carrieth out any Citation or Processe to such intent before that the said ten dayes be expired shall for the first Offence herein be suspended from the execution of his Office for the space of three Moneths and for the second Offence in this kinde be and stand excommunicated ipso facto not to be restored but by the Metropolitan of the Province or his lawfull Surrogate And that yet neverthelesse it be lawfull for any Executor to prove such Wills when they thinke good within the said ten dayes before any Ecclesiasticall Judge respectively to whose jurisdiction the same may or doth appertaine XVI Concerning Licences to Marrie WHereas divers Licences to Marry are granted by Ordinaries in whose Jurisdiction neither of the parties desiring such Licence is resident to the prejudice of the Archiepiscopall prerogative to whom only the power of granting such Licences to parties of any Jurisdiction per totam provinciam by Law belongeth and for other great inconv●niences thereupon ensuing It is therefore decreed That no Licence of Marriage shall be granted by any Ordinary to any parties unlesse one of the said parties have beene commorant in the Jurisdiction of the said Ordin●ry for
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