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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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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
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