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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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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
Synod against the Books of Socinianisme shall also extend to the makers importers printers and publishers or dispersers of any Book writing or scandalous Pamphlet devised against the discipline and government of the Church of England and unto the maintainers and abettors of any opinion or doctrine against the same And further because there are sprung up among us a sort of factious people despisers and depravers of the Book of Common prayer who do not according to the Law resort to their parish Church or Chappel to joyn in the publique prayers service and worship of God with the congregation contenting themselves with the hearing of Sermons onely thinking thereby to avoid the penalties due to such as wholly absent themselves from the Church We therefore for the restraint of all such wilfull contemners or neglecters of the Service of God do ordain that the Church or Chappell Wardens and Questmen or Sidemen of every parish shall be carefull to enquire out all such disaffected p●rsons and shall present the names of all such d●linquents at all Visitations of Bishops and other Ordinaries And that the same proceedings and penalties m●ntioned in the Canon aforesaid respectively shall be used against them as against oth●r Recusants unlesse within one whole moneth after they are ●irst denounced they shall make acknowledgement and reformation of that their fault Provided alwayes that this Canon shall not derogat● from any other Canon Law or Statute in that behalf provided against those Sectaries VI An Oath injoyn'd for the preventing of all Innovations in Doctrine and Government THis present Synod being desirous to declare their sincerity and constancie in the profession of the Doctrine and Discipline already established in the Church of England and to secure all men against any suspition of revolt to Poperie or any other superstition decrees that all Arch-bishops and Bishops and all other Priests and Deacons in places ●xempt or not exempt shall before the second day of November next ensuing● take this Oath following against all Innovation of Doctrine or Discipline and this Oath shall be tendred them and every of them and all others named after in this Canon by the Bishop in person or his Chancelour or some grave Divines named and appointed by the Bishop under his seal and the said Oath shall be taken in the presence of a publique Notarie who is hereby r●quired to make an Act of it leaving the Universities to the Provision which followes The Oath is I A. B. Do swear That I do approve the Doctrine and Discipline or Government established in the Church of England as containing all things necessary to salvation And that I will not endeavour by my self or any other directly or indirectly to bring in any Popish Doctrine contrary to that which is so established Nor will I ever give my consent to alt●r the Government of this Church by Arch-bishops Bishops Deanes and Arch-deacons c. as it stands now established and as by right it ought to stand nor yet ever to subject it to the usurpations and superstitions of the Sea of Rome And all these things I do plainly and sincerely acknowledge and swear according to the plain and common sence and understanding of the same words without any equivocation o● mentall evasion or secret r●servation whatsoever And this I do heartily willingly and truely upon the faith of a Christian So help me God in Jesus Christ And if any man Benefic●d or Dignified in the Church of England or any oth●r Ecclesiasticall p●rson shall refuse to take this Oath the Bishop shall give him a moneths time to inform hims●lf and at the moneths end if he refuse to take it he shall be suspended ab Officio and have a second moneth granted and if then he refuse to take it he shall b● suspended ab O●fi●io Beneficio and have a third moneth granted him for his better information but if at the end of that moneth he refuse to take the Oath above-named he shall by the Bishop be deprived of all his Eccl●siasticall Promotions whatsoever and execution of his function which he holds in the Church of England And we likewise Constitute and Ordain That all Masters of Arts the sons of Noble-men onely excepted all Bachelours and Doctors in Divinity Law or Physick all that are licenced to practise Physick all Registers Actuaries and Proctors all School-masters all such as being natives or naturalized do come to be incorporated into the Universities here having taken a Degree in any forraign Unive●sity shall be bound to take the said Oath And we command all Governours of Colledges and Halls in either of the Universities that they administer this said Oath to all persons resident in their severall Houses that have taken the degrees before mentioned in this Canon within six moneths after the publication hereof And we likewise Constitute That all Bishops shall be bound to give the said Oath unto all those to whom they give holy Orders at the time of their Ordination or to whomsoever they give Collation Institution or Licence to Preach or serve any Cure VII A Declaration concerning some Rites and Ceremonies BEcause it is generally to be wished that unity of Faith were accompanied with uniformity of practis● in the outward worship and service of God chiefly for the avoiding of groundlesse suspit●ons of those who are weak and the malicious aspersions of the professed enemies of our Religion the one fearing Innovations the other flattering themselves with a vain hope of our backslidings unto their Popish superstition by reason of the situation of the Communion Table and the approaches thereunto the Synod declareth as followeth● That the standing of the Communion Table side-way under the East window of every Chancell or Chappell is in its own nature indifferent neither commanded nor condemned by the Word of God either expresly or by immediate deduction and therefore that no Religion is to be placed therein or scruple to be made thereon And albeit at the time of reforming this Church from that grosse superstition of Popery it was carefully provided that all meanes should be used to root out of the mindes of the people both the inclination thereunto and memory therof especially of the Idolatry committed in the Masse for which cause all Popish Altars were demolished yet notwithstanding it was then ordered by the Injunctions and Advertisements of Queen Elizabeth of bless●d memory that the holy Tables should stand in the place where the Altars stood and accordingly have been continued in the Royall Chappells of three famous and pious Princes and in most Cathedrall and some Parochiall Churches which doth sufficiently acquit the manner of placing the said Tables from any illegality or just suspition of Popish superstition or innovation And therefore we judge it fit and convenient that all Churches and Chappels do conform themselves in this particular to the example of the Cathedral or Mother Churches saving alwaies the generall liberty left to the Bishop by Law during the time
And all the said Complaints or Certificates shall be presented up to the Judges in their severall Circuits by the Bishops Register or some other of his Deputies immediately after the publishing of his Majesties Commission or at the end of the charge which shall bee then given by the Judge And this upon paine of Suspension for three moneths This sacred Synode doth earnestly intreat the said Reverend Justices of Assise to bee carefull in the execution of the said Lawes committed to their trust as they will answer to God for the daily encrease of this grosse kinde of superstition And further we doe also exhort all Judges whether Ecclesiastical or Tempo●all upon the like accompt that they would not admit in any of their Courts any vexatious Complaint Suit or Suits or Presentments against any Minister Churchwardens Questmen Sidemen or other Church-Officers for the making of any such Presentments And lastly we enjoyne that every Bishop shall once in every yeare send into his Majesties High Court of Chancery a Significavit of the names and sirnames of all such Recusants who have stood excommunicated beyond the time limited by the Law and shall desire that the Writ De excommunicato cap●endo might bee at once sent out against them all Ex Officio And for the better execution of this Decree this present Synode doth most humbly beseech his most sacred Majesty that the Officers of the said High Court of Chancery whom it shall concerne may bee commanded to send out the aforesaid Writ from time to time as is desired for that it would much exhaust the particular estates of the Ordinaries to sue out severall Writs at their owne charge And that the like command also may be laid upon the Sheriffes and their Deputies for the due and faithfull execution of the said Writs as often as they shall be brought unto them And to the end that this Canon may take the better and speedier effect and not to be deluded or delayed We further decree and ordaine That no Popish Recusant who shall persist in the said sentence of Excommunication beyond the time prescribed by Law shall be absolved by vertue of any Appeale in any Ecclesiasticall Court unlesse the said partie shall first in his or her owne person and not by a Proctor take the usuall Oath De parendo Iuri stando mandatis Ecclesiae IV. Against Socinianisme WHEREAS much mischiefe is already done in the Church of God by the spreading of the damnable and cursed Heresie of SOCINIANISME as being a complication of many ancient Heresies condemned by the foure first generall Councels and contrariant to the Articles of Religion now established in the Church of England And whereas it is too apparent that the said wicked and blasphemous errours are unhappily dilated by the frequent divulgation and dispersion of dangerous Books written in favour and furtherance of the same whereby many especially of the younger or unsetled sort of people may be poysoned and infected It is therefore decreed by this present Synode That no Stationer Printer or Importer of the said Books or any other person whatsoever shall print buy sell or disperse any Booke broaching or maintaining of the said abominable Doctrine or Positions upon paine of Excommunication ipso facto to be thereupon incurred And wee require all Ordinaries upon paine of the Censures of the Church that beside the Excommunication aforesaid they doe certifie their names and offences under their Episcopall Seale to the Metropolitan by him to be delivered to his Majesties Attorney Generall for the time being to be proceeded withall according to the late Decree in the Honourable Court of Star-chamber against spreaders of prohibited Books And that no Preacher shall presume to vent any such Doctrine in any Sermon under paine of Excommunication for the first offence and Deprivation for the second And that no Student in either of the Universities of this Land nor any person in holy Orders excepting Graduates in Divinity or such as have Episcopall or Archidiaconall Jurisdiction or Doctors of Law in holy Orders shall be suffered to have or reade any such Socinian Booke or discourse under paine if the offender live in the University that he shal be punished according to the strictest Statutes provided there against the publishing reading or maintaining of false Doctrine or if he live in the City or Country abroad of a Suspension for the first offence and Excommunication for the second and Deprivation for the third unlesse he will absolutely and in terminis abjure the same And if any Lay-man shall be seduced into this opinion and be convicted of it he shall be excommunicated and not absolved but upon due repentance and abjuration and that before the Metropolitane or his owne Bishop at the least And wee likewise enjoyne that such Bookes if they be found in any prohibited hand shall be immediately burned and that there be a diligent search made by the appointment of the Ordinary after all such Books in what hands soever except they be now in the hands of any Graduate in Divinity and such as have Episcopall or Archidiaconall Jurisdiction or any Doctor of Lawes in holy Orders as aforesaid and that all who now have them except before excepted be strictly commanded to bring in the said Books in the Universities to the Vice-chancellors and out of the Universities to the Bishops who shall returne them to such whom they dare trust with the reading of the said Books and shall cause the rest to be burned And we farther enjoyne that diligent enquiry be made after all such that shall maintaine and defend the aforesaid Socinianisme and when any such shall be detected that they be complained of to the severall Bishops respectively who are required by this Synode to represse them from any such propagation of the aforesaid wicked and detestable opinions V. Against Sectaries VVHEREAS there is a provision now made by a Canon for the suppressing of Poperie and the growth thereof by subjecting all Popish Recusants to the greatest severitie of Ecclesiasticall Censures in that behalfe This present Synode well knowing that there are other Sects which indeavour the subversion both of the Doctrine and Discipline of the Church of England no lesse then Papists doe although by another way for the preventing thereof doth hereby decree and ordain That all those proceedings and penalties which are mentioned in the aforesaid Canon against Popish Recusants as far as they shall be appliable shall stand in full force and vigour against all Anabaptists Brownists Separatists Familists or other Sect or Sects person or persons whatsoever who do or shall either obstinately refuse or ordinarily not having a lawfull impediment that is for the space of a moneth neglect to repair to their Parish Churches or Chappels where they inhabit for the hearing of Divine Service established and receiving of the holy Communion according to Law And we do also further decree and ordain that the Clause contained in the Canon now made by this