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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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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 License 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 the Sixteenth And now Published for the due observation of them by His Majesties Authority under the Great Seal of England LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL 1640. CHARLES By the grace of GOD King of England Scotland France and Ireland Defender of the Faith c. To all to whom these presents shall come Greeting Whereas our Bishops Deanes of Our Cathedrall Churches Arch-deacons Chapters and Colledges and the other Clergie of every Diocesse within the severall Provinces of Canterburie and Yorke being respectively summoned and called by vertue of our severall Writs to the most Reverend Father in God Our right trustie and right welbeloved Counceller William by divine providence Lord Arch-bishop of Canterburie Primate of all England and Metropolitan And to the most Reverend Father in God Our right trustie and welbeloved Counceller Richard by divine providence Lord Arch-bishop of York Primate and Metropolitan of England respectively directed bearing date the twentieth day of Februarie in the fifteenth yeer of Our reign to appear before the said Lord Arch-bishop of Canterburie in Our Cathedrall Church of S. Paul in London And before the said Lord Arch-bishop of York in the Metropolitan Church of S. Peter in York the fourteenth day of April then next ensuing or elswhere as they respectively should think it most convenient● to treat consent and conclude ●pon certain difficult and urgent affairs contained in the said Writs Did thereupon at the time appointed and within the Cathedrall Church of S. Paul and the Metropolitan Church of S. Peter aforesaid assemble themselves respectively together and appear in severall Convocations for that purpose according to the said severall Writs before the said Lord Arch-bishop of Canterburie and the said Lord Arch-bishop of York respectively And forasmuch as We are given to understand that many of Our subjects being misled against the Rites and Ceremonies now used in the Church of England have lately taken offence at the same upon an unjust supposall that they are not onely contrary to Our laws but also introductive unto Popish superstitions whereas it well appeareth unto Vs upon mature consideration that the said Rites and Ceremonies which are now so much quarrelled at were not onely approved of and used by those learned and godly Divines to whom at the time of Reformation under King Edward the sixth the compiling of the Book of Common Prayer was committed divers of which suffered Martyrdome in Queen Maries dayes but also again taken up by this whole Church under Queen Elizabeth and so duely and ordinarily practised for a great part of her Reign within the memory of divers yet living as that it could not then be imagined that there would need any Rule or Law for the observation of the same or that they could be thought to savour of Popery And albeit since those times for want of an expresse Rule therein and by subtile practises the said Rites and Ceremonies began to fall into disuse and in place thereof other forrain and unfitting usages by little and little to creep in Yet forasmuch as in Our own Royall Chappels and in many other Churches most of them have been ever constantly used and observed We cannot now but be very sensible of this matter and have cause to conceive that the authors and fomentors of these jealousies though they colour the same with a pretence of Zeal and would seem to strike onely at some supposed iniquity in the said Ceremonies Yet as We have cause to fear ayme at Our own Royall person and would fain have Our good Subjects imagine that We Our Self are perverted and do worship God in a superstitious way and that we intend to bring in some alteration of the Religion here established Now how far We are from that and how utterly We detest every thought therefore We have by many publike Declarations and otherwise upon sundry occasions given such assurance to the world as that from thence We also assure Our Self that no man of wisdom and discretion could ever be so beguiled as to give any serious entertainment to such brain-sick jealousies and for the weaker sort who are prone to be misled by cr●fty seducers We rest no lesse confident that even of them as many as are of loyall or indeed but of charitable hearts will from henceforth utterly banish all such causlesse fears and surmises upon these Our sacred professions so often made by Vs a Christian Defender of the Faith their King and Soveraign And therefore if yet any person under whatsoever mask of zeal or counterfeit holinesse shall henceforth by speech or writing or any other way notwithstanding these Our right hearty faithfull and solemn protestations made before him whose Deputy We are against all and every intention of any Popish innovation be so ungracious and presumptuous as to vent any poisoned conceits tending to such a purpose and to cast these devilish aspersions and jealousies upon Our Royall and godly proceedings We require all Our loyall Subjects that they forthwith make the same known to some Magistrate Ecclesiasticall or Civill And We straightly charge all Ordinaries and every other person in any authority under Vs as they will answer the contrary at their utmost perill that they use no palliation connivence or delay therein but that taking particular information of all the passages they do forthwith certifie the same unto Our Court of Commission for causes Ecclesiasticall to be there examined and proceeded in with all fidelity and tendernesse of Our Royall Majestie as is due to Vs their Soveraigne Lord and Governour But forasmuch as We well perceive that the misleaders of Our well minded people do make the more advantage for the nourishing of this distemper among them from hence that the foresaid Rites and Ceremonies or some of them are now insisted upon but onely in some Diocesses and are not generally revived in all places nor constantly and uniformly practised thorowout all the Churches of Our Realm and thereupon have been lyable to be quarrelled and opposed by t●em who use them not We therefore out of Our Princely inclination to Vniformity and peace in matters especially that concern the holy worship of God proposing to Our self herein the pious examples of King Edward the sixth and of Queen Elizabeth who sent forth Injunctions and Orders about the divine Service and other Ecclesiasticall matters and of Our dear Father of blessed memory King James who published a book of Constitutions and Canons Ecclesiasticall and
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