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A79651 A collection of articles, injunctions, canons, orders, ordinances and consitutions ecclesiastical, with other publick records of the Church of England chiefly in the times of K. Edward VI. Q. Elizabeth, [double brace] K. James, & K. Charles I. Published to vindicate the Church of England, and to promote uniformity and peace in the same. : With a learned preface by Anthony Sparrow, D.D. Lord Bishop of Norwich. Church of England.; Sparrow, Anthony, 1612-1685.; England and Wales. Laws, etc. 1671 (1671) Wing C4094cA; ESTC R173968 232,380 430

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trusty and well-beloved Councellor Richard by Divine Providence Lord Archbishop of York Primate and Metropolitan of England respectively directed bearing date the twentieth day of February in the fifteenth year of Our Reign to appear before the said Lord Archbishop of Canterbury in Our Cathedral Church of St. Paul in London and before the said Lord Archb●shop of York in the Metropolitan Church of St. Peter in York the fourteenth day of April then next ensuing or elsewhere as they respectively should think it most convenient to treat consent and conclude upon certain difficult and urgent affairs contained in the said Writs Did thereupon at the time appointed and within the Cathedral Church of S. Paul and the Metropolitan Church of S. Peter aforesaid assemble themselves respectively together and appear in several Convocations for that purpose according to the said several Writs before the said Lord Archbishop of Canterbury and the said Lord Archbishop 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 supposal that they are not only contrary to Our Laws but also introductive unto Popish Superstitions whereas it well appeareth unto Vs upon mature consideration that the said Rites and Ceremonis 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 of Common-Prayer was committed divers of which suffered Martyrdom in Queen Maries days but also again taken up by this whole Church under Queen Elizabeth and so duly 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 express Rule therein and by subtile practises the said Rites and Ceremonies began to fall into disuse and in place thereof other forraign and unfitting usages by little and little to creep in Yet forasmuch as in our own Royal 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 only at some supposed iniquity in the said Ceremonies Yet as we have cause to fear aim at Our own Royal Person and would fain have Our good Subjects imagine that we Our Self are perverted and doe 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 thereof We have by many publick Declaracions 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 crafty seducers We rest no less confident that even of them as many as are of loyal or indeed but of charitable hearts will from henceforth utterly banish all such causeless 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 Holiness shall henceforth by speech or writing or any other way notwithstanding these Our right hearty faithful 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 develish aspersions and jealousies upon Our Royal and Godly proceedings We require all Our loyal Subjects that they forthwith make the same known to some Magistrate Ecclesiastical or Civil And We straightly charge all Ordinaries and every other person in any Authority under Vs as they will answer the contrary at their utmost peril that they use no palliation connivance 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 Ecclesiastical to be there examined and proceeded in with all fidelity and tenderness of Our Royal Majesty as is due to Vs their Soveraign Lord and Governour But forasmuch as we well percieve 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 only 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 liable to be quarrelled and opposed by them 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 Ecclesiastical matters and of Our dear Father of blessed memory King James who published a Book of Constitutions and Canons Ecclesiastical and 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 Ecclesiastical 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 ever have been and by Gods assistance by whom alone We Reign shall ever so continue careful and ready to cut off Superstition with one hand so We may no less expel Irreverence and Profaneness with the other whereby it may please Almighty God so to bless 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 lustre whereof for some years 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 inadvertency of some in Authority in the Church under Vs We therefore by vertue of Our Prerogative Royal and supreme Authority in causes Ecclesiastical by Our several and respective Letters Patents under Our Great Seal of England dated the fifteenth day of April now last past and
eisdem Archiepiscopo Episcopo vel Suffragano subservientes pro membrana scriptione cera sigillatione vel alia quavis causa hoc negotium contingente supra decem solidos percipient sub paenis hac in parte lege constitutis 136. Statarius Feodorum census in tabulas relatus publicè in Consistoriis Archivis proponendus STatuimus porrò ordinamus ut cujusque Judicis Ecclesiastici Registrarius tabulas binas in quibus certae singulorum feodorum summae separatim exprimentur publicè figi curet proponi unam in Confistorio vel loco consueto ubi dicta Curia teneri solet alteram in suo Archivo utramque in loco ita congruo ut quilibet cujus intererit ejusdem inspiciendae legendae vel etiam transcribendae liberam habeat facultatem quod ante Festum Nativitatis proximè futurum perfici volumus Quod siquis Registrarius dictas tabulas juxta tenorem praemissorum publicê figendas non curaverit ab executione Officii sui eousque suspendetur quoad praemissa modo forma specificatis perfecerit easque tabulas semel fixas siquando vel auferet v●l in fraudem hujus Constitutionis ex loco in quo primùm positae erant removeri vel quovis pacto occultari patietur tunc pro singulis ejusmodi delictis ab exercitio muneris sui per semestre spatium suspendetur 137. Feoda pro ordinum literis aliisque licentiis Episcocopo exhibendis tantùm dimidia praeterquam in prima Episcopi visitatione persolvenda CUm non minima sit Visitationis causa effectus ut Episcopus Archidiaconus aut alius Visitans de statu sufficientia facultatibus Cleri aliorum visitandorum perfectiorem aliquem notitiam consequantur aequum duximus ut quilibet Rector Vicarius Curatus Ludimagister alius quicunque licentiatus literas Ordinum Institutionis Inductionis itemque Dispensationes Licentias Facultates suas quascunque in Visitatione prima illius Episcopi vel in proxima post ejus admissionem exhibeat per dictum Visitantem approbandas aut si justa fuerit causa rejiciendas si approbatae fuerint per Registrarium uti moris est consignandas quodque feoda in Visitationibus intuitu praemissorum consueta solvi semel duntaxat tempore alicujus Episcopi integra persolvantur in reliquis verò ejusdem Visitationibus quamdiu in ea sede permanserit dictorum feodorum dimidium tantùm exigatur Apparitores 138. Apparitorum excessus coerciti QUoniam excessibus gravaminibus quae per Apparitores inferri dicuntur remedium cupimus adhibere opportunum censemus Apparitorum multitudinem quantum fieri poterit restringendam Statuimus ergo ordinamus nullatenùs licitum fore Episcopis vel Archidiaconis eorumve Vicariis seu Officialibus aliisque inferioribus Ordinariis deputare habere plures Apparitores jurisdictionibus suis respectivè infervientes quàm ante triginta annos praet●ritos vel ipsi vel ipsorum praedecessores habere consueverunt qui omnes per se suum fideliter exequantur Officium nec per nuntios aut substitutos quocunque quaesito colore suâ vice mandatorum executiones demandent aut permittant nisi ex causa à loci O dinario priùs cognita approbata neque vero promotorum Officii vel denunciatorum personas omninô sustinebunt feodave ampliora vel majora quàm quae his Constitutionibus superiùs statuuntur ullatenùs exiget Quòd si vel plures quàm superiùs est expressum deputati extiterint vel illorum aliqui praemissa violaverint deputantes si Episcopi sint per Superiorem moniti supernumerarios dimittant si Ordinarii Episcopis inferiores ab executione Officii suspendantur donec hujusmodi deputatos amoverint Deputati autem ipsi ab Apparitorum Officio amoveantur perpetuô si amoti non desistant tanquam contumaces Canonicis censuris coerceantur Proviso semper quòd si Archiepiscopus Cantuariensis experientia compertum habuerit Apparitorum numerum in aliqua Dioecesi redundare tum omnem ejusmodi redundantiam dicto Archiepiscopo relinquimus pro ipsius beneplacito minuendam Authoritas Synodorum 139. Synodus nationalis Ecclesia repraesentativa QUisquis de caetero affirmabit sacrosanctam hujus Nationis Synodum in Christi nomine ac de Regis mandato congregatam non esse repraesentativè veram Ecclesiam Anglicanam excommunicetur nequaquàm absolvendus priusquam resipuerit impium hunc errorem publicè revocârit 140. Synodi acta tàm absentes quàm praesentes obligant QUisquis de caetero affirmabit nullos sive Clericos sive Laicos qui in eàdem sacra Synodo personaliter non convenerint ejusdem Decretis Ecclesiasticas causas concernentibus quantumvis ex suprema Regiae Majestatis authoritate conditis per eandem ratihabitis ullatenùs obligari ut quibus ipsi votum consensum suum non praebuerint excommunicetur nequaquam absolvendus priusquam resipuerit ac impium hunc errorem publicè revocârit 141. Synodi authoritati derogantes coerciti QUsquis de caetero affi●mabit dictam sacram Synodum congregatam ut suprà fuisse coetum ex talibus conflatum qui in pios religiosos Evangelii professores conspirabant ac proinde tùm ipsos tùm ipsorum act● in Canonibus sive Constitutionibus circa causas Ecclesiasticas ex Regis authoritate ut praedictum est condendis ac sanciendis rejici ac contemni debere quantumvis eaedem per dictam potestatem Regiam ac supremam ej sdem authoritatem ratihabitae confirmatae ac injunctae sint excommunicetur haudquaquam absolvendus priùsquam resipuerit ac impium hunc errorem publicè revocârit FINIS CONSTITUTIONS AND CANONS ECCLESIASTICAL Treated upon by the ARCHBISHOPS OF CANTERBVRY YORK Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces And agreed upon with the Kings Majesties License in their several Synods begun at London and York 1640. In the year 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 Majesty and by the Assigns 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 Deans of our Cathedral Churches Archdeacons Chapters and Colledges and the other Clergy of every Diocess within the several Provinces of Canterbury and York being respectively summoned and called by vertue of our several Writs to the most Reverend Father in God Our right trusty and right well-beloved Councellor William by Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan and to the most Reverend Father in God Our right
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 month of April and the twentieth day of the month of May aforesaid for the Province of York did give and grant full free and lawful liberty license power and authority unto the said Lord Archbishop of Canterbury President of the said Convocation for the Province of Canterbury and unto the said Lord Archbishop 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 Deans of Cathedral Churches Archdeacons Chapters and Colledges and the whole Clergy of every several Diocess within the said several 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 confer treat debate consider consult and agree of and upon Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the honor 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 Archbishop of Canterbury and the said Archbishop of York the Bishops and their Successors and the rest of the whole Clergy of the said several Provinces of Canterbury and York in their several Callings Offices Functions Ministeries Degrees and Administrations As by all and every Dean of the Arches and other Iudges of the said several Archbishops of Courts Guardians of Spiritualties Chancellours Deans and Chapters Archdeacons Commissaries Officials Registers and all and every other Ecclesiastical 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 far 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 Archbishop of Canterbury President of the said Convocation for the Province of Canterbury and the said Archbishop of York President of the said Convocation for the Province of York and others the said Bishops Deans Archdeacons Chapters and Colledges with the rest of the Clergy 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 by Vs limited and prescribed unto them and have thereupon offered and presented the same unto Vs most humbly desiring Vs to give Our Royal assent unto the same according to the form of a certain Statute or Act of Parliament made in that behalf in the five and twentieth year of the Reign of King Henry the Eighth and by Our said Prerogative Royal and Supreme Authority in causes Ecclesiastical 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 Ecclesiastical 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 Clergy of those Provinces And agreed upon with the Kings Majesties License in their several Synods begun at London and York 1640. In the year of the Raign of our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland the Sixteenth I. Concerning the Regal Power WHereas sundry Laws Ordinances and Constitutions have been formerly made for the acknowledgment and profession of the most lawful and independent Authority of our dread Soveraign Lord the Kings most Excellent Majesty over the State Ecclesiastical and Civil We as our duty in the first place binds us and so far as to us appertaineth enjoyn them all to be carefully observed by all persons whom they concern upon the penalties of the said Laws and Constitutions expressed And for the fuller 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 year at Morning-prayer shall in the place where he serves treatably and audably read these Explanations of the Regal 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 express Texts both of the Old and New Testaments A supreme Power is given to this most excellent Order by God Himself in the Scriptures which is That Kings should Rule and Command in their several Dominions all persons of what rank or estate soever whether Ecclesiastical or Civil and that they should restrain and punish with the Temporal Sword all stubborn and wicked doers The care of Gods Church is so committed to Kings in the Scripture that they are commended when the Church keeps the right way and taxed when it runs amiss and therefore her Government belongs in chief unto Kings For otherwise 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 Councils both National and Provincial is the true right of all Christian Kings within their own Realms and Territories And when in the first times of Christs Church Prelates used this Power 't was therefore only because in those days they had no Christian Kings And it was then so only used as in times of persecution that is with supposition in case it were required of submitting their very lives unto the very Laws and Commands even of those Pagan Princes thar they might not so much as seem to disturb their Civil 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 Territorities respectively under any pretence whatsoever any independent Coactive Power either Papal or Popular whether directly or indirectly is to undermine their great Royal 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 at least to resist the Powers which are ordained of God And though they do not invade but only resist St. Paul tells them plainly They shall receive to themselves damnation And although Tribute and Custom and Aid and Subsidy and all manner of necessary support and supply be respectively due to Kings from their Subjects by the Law of God