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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
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
the space of one whole Moneth immediately before the said Licence be desired And if any O●dinary shall offend herein and be sufficien●ly evinced thereof in any of the Lord Archbishops Courts he shall be liable to such censure as the Lord Archbishop shall thinke fit to inflict And we further decree That one of the Conditions in the Bond of securitie given by the parties taking such Licence shall be that the said partie● or one of them have or hath beene a Moneth commorant in the said Jurisdiction immediately before the said Licence granted And the Synod decrees That whatsoever is ordered in these six last Canons concerning the Jurisdiction of Bishops their Chancellors and Commissaries shall so farre as by Law is applyable be in force concerning all Deanes Deanes and Chapters Collegiate Churches Archdeacons and all in holy Orders having exempt or peculiar Jurisdiction and their severall Officers respectively XVII Against vexatious Citations AND that this Synod may prevent all grievances which may fall upon the people by Citations into Ecclesiasticall Courts upon pretence only of the breach of Law without either P●esentment or any other just ground This present Synod decrees That for all times to come no such Citation grounded only as aforesaid shall issue out of any Ecclesiasticall Court except the said Citation be sent forth under the hand and Seale of the Chancellor Commissarie Archdeacon or other competent J●dge of the said Court within thirty dayes af●er the fault committed and returne thereof to be m●de the next or second Court day after the Citation served at the farthest and that the partie so cited unl●sse he be convinced by two witnesses shall upon the denyall of the fact upon Oath be forthwith freely dismissed without any payment of fees Provided that this Decree ex●e●d not to any g●ievous crime as Schisme Incontinencie misbehaviour in the Church in time of Divine Service obstinate inconformitie or the like WEE of Our Princely inclination and Royall care for the maintenance of the present Estate and government of the Church of England by the Lawes of this Our Realme now setled and established having diligently with great contentment and comfort read and considered of all these their said Canons Orders Ordinances and Constitutions agreed upon as is before expressed And finding the same such as We are perswaded wil be very profitable not onely to Our Clergie but to the whole Church of this Our Kingdome and to all the true members of it if they be well observed Have therefore for Vs Our Heires and lawfull Successours of Our especiall grace certaine knowledge and meere motion given and by these presents doe give Our Royall Assent according to the forme of the said Statute or Act of Parliament aforesaid to all and every of the said Canons Orders Ordinances and Constitutions and to all and every thing in them contained as they are before written And furthermore We do not onely by Our said Prerogative Royall and supreme Authority in Causes Ecclesiasticall ratifie confirme and establish by these Our Letters Patents the said Canons Orders Ordinances and Constitutions and all and every thing in them contained as is aforesaid but do likewise propound publish and straightly injoyne and command by Our said Authority and by these Our Letters Patents the same to be diligently observed executed and equally kept by all Our loving Subjects of this Our Kingdome both within the Provinces of Canterbury and Yorke in all points wherein they do or may concern ●very or any of them according to this Our will and pleasure hereby signified and expressed And that likewise for the better observation of them every Minister by what ●ame or title soever he be called shall in the Parish Church or Chappell where he hath charge read all the said-Canons Orders Ordinances and Constitutions at all such times and in such manner as is prescribed in the said Canons or any of them The Book of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of S. Michael the Archangell next ensuing straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiasticall jurisdiction within this Realme every man in his place to see and procure so much as in them lyeth all and every of the ●ame Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the honour of God the peace of the Church the tranquillity of the Kingdome and their duties and service to Vs their King and Sovereigne In witnesse whereof We have caused these Our Letters to be made Patents Witnesse Our Selfe at Westminster the thirtieth day of June in the sixteenth yeare of Our Reigne THE TABLE 1 COncerning the Regall power 2 For the better keeping of the day of His Majesties most happy Inauguration 3 For suppressing of the growth of Popery 4 Against Socinianisme 5 Against Sectaries 6 An Oath injoyned for the preventing of all Innovations in Doctrine and Government 7 A Declaration concerning some Rites and Ceremonies 8 Of Preaching for Conformi●y 9 One Book of Articles of inquirie to be used at all Parochiall Visitations 10 Concerning the Conversation of the Clergie 11 Chancellours Patents 12 Chancellours alone not to censure any of the Clergie in sundry Cases 13 Excommunication and Absolution not to be pronounced but by a Priest 14 Concerning Commutations and the disposing of them 15 Touching concurrent Iurisdictions 16 Concerning Licences to marrie 17 Against vexatious Citations FINIS