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A72019 Constitutio[ns] and canons ecclesiasticall treated vpon by the Bishop of London, president of the conuocation for the prouince of Canterbury, and the rest of the bishops and clergie of the said prouince: and agreed vpon with the Kings Maiesties licence in their synode begun at London anno Dom. 1603. And in the yeere of the raigne of our soueraigne Lord Iames by the grace of God King of England, France and Ireland the first, and of Scotland the 37. And now published for the due obseruation of them by his Maiesties authoritie, vnder the great Seale of England.; Constitutions and canons. 1603. English Church of England. 1604 (1604) STC 10070.5; ESTC S124736 53,373 350

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persons hauing cure of soules and all other Preachers and Readers of Diuinitie lectures shall to the vttermost of their wit knowledge and learning purely and sincerely without any colour or dissimulation teach manifest open and declare foure times euery yeere at the least in their Sermons and other Collations and lectures That all vsurped and forren power forasmuch as the same hath no establishment nor ground by the law of God is for most iust causes taken away and abolished and that therefore no maner of obedience or subiection within his Maiesties Realmes and Dominions is due vnto any such forren power but that the Kings power within his Realmes of England Scotland and Ireland and all other his Dominions and Countreys is the highest power vnder God to whom all men aswell inhabitants as borne within the same do by Gods Lawes owe most loyalty and obedience afore and aboue all other Powers and Potentates in earth II. Impugners of the Kings supremacie censured WHosoeuer shal hereafter affirme that the Kings Maiesty hath not the same authority in causes Ecclesiastical that the godly Kings had amongst the Iewes and Christian Emperors in the Primitiue Church or impeach in any part his Regall supremacie in the said causes restored to the Crowne and by the Lawes of this Realme therein established let him bee excommunicated ipso facto and not restored but only by the Archbishop after his repentance and publike reuocation of those his wicked errours III. The Church of England a true and Apostolicall Church WHosoeuer shall hereafter affirme that the Church of England by Lawe established vnder the Kings Maiestie is not a true and an Apostolical Church teaching maintaining the doctrine of the Apostles let him be excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of this his wicked errour IIII. Impugners of the publike worship of God established in the Church of England censured WHosoeuer shall herafter affirme that the forme of Gods worship in the Church of England established by Law and conteined in the booke of Common Prayer and administration of Sacraments is a corrupt superstitious or vnlawfull worship of God or containeth any thing in it that is repugnant to the Scriptures let him be excommunicated ipso facto and not restored but by the Bishop of the place or Archbishop after his repentance and publike reuocation of such his wicked errors V. Impugners of the Articles of Religion established in the Church of England censured WHosoeuer shall hereafter affirme that any of the nine and thirtie Articles agreed vpon by the Archbishops and Bishops of both Prouinces and the whole Cleargy in the Conuocation holden at LONDON in the yeere of our Lorde God one thousand fiue hundred sixty two for the auoiding of diuersities of opinions and for the establishing of consent touching true Religion are in any part superstitious or erroneous or such as hee may not with a good conscience subscribe vnto let him bee excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of such his wicked errors VI. Impugners of the Rites and Ceremonies established in the Church of England censured WHosoeuer shal hereafter affirme that the Rites and Ceremonies of the Church of England by Law established are wicked Antichristian or superstitious or such as beeing commanded by lawfull authoritie men who are zealously and godly affected may not with any good conscience approue them vse them or as occasion requireth subscribe vnto them let him bee excommunicated ipso facto and not restored vntill he repent and publikely reuoke such his wicked errours VII Impugners of the gouernment of the Church of England by Archbishops Bishops c. censured WHosoeuer shal hereafter affirme that the gouernement of the Church of England vnder his Maiesty by Archbishops Bishops Deanes Archdeacons and the rest that beare office in the same is Antichristian or repugnant to the word of God let him be excommunicated ipso facto and so continue vntill he repent and publikely reuoke such his wicked errors VIII Impugners of the forme of consecrating and ordering Archbishops Bishops c. in the Church of England censured WHosoeuer shall hereafter affirme or teach that the fourme and maner of making and consecrating Bishops Priests or Deacons conteineth any thing in it that is repugnant to the word of God or that they who are made Bishops Priestes or Deacons in that forme are not lawfully made nor ought to be accounted either by themselues or by others to be truly either Bishops Priests or Deacons vntil they haue some other calling to those diuine Offices let him bee excommunicated ipso facto not to bee restored vntill he repent and publikely reuoke such his wicked errours IX Authours of Schisme in the Church of England censured WHosoeuer shall hereafter separate themselues from the Communion of Saints as it is approoued by the Apostles rules in the Church of England combine themselues together in a new brotherhood accounting the Christians who are conformable to the Doctrine Gouernment Rites and Ceremonies of the Church of England to be prophane and vnmeete for them to ioyne with in Christian profession let them bee excommunicated ipso facto and not restored but by the Archbishop after their repentance and publike reuocation of such their wicked errors X. Maintainers of Schismatickes in the Church of England censured WHosoeuer shall heerafter affirme That such Ministers as refuse to subscribe to the forme and maner of Gods worship in the Church of England prescribed in the Communion Booke and their adherents may truly take vnto them the name of another Church not established by Lawe and dare presume to publish it that this their pretended Church hath of long time groaned vnder the burden of certaine grieuances imposed vpon it and vpon the members thereof before mentioned by the Church of England and the Orders and Constitutions therein by Law established Let them be excommunicated and not restored vntill they repent and publikely reuoke such their wicked errors XI Maintainers of Conuenticles censured WHosoeuer shall hereafter affirme or maintaine That there are within this Realme other meetings assemblies or congregations of the Kings borne Subiects then such as by the lawes of this land are held and allowed which may rightly challenge to themselues the name of true and lawful Churches let him be excommunicated and not restored but by the Archbishop after his repentance and publike reuocation of such his wicked errors XII Maintainers of Constitutions made in Conuenticles censured WHosoeuer shal hereafter affirme that it is lawfull for any sort of Ministers and Lay persons or either of them to ioyne together and make Rules Orders or Constitutions in causes Ecclesiasticall without the Kings authoritie and shall submit themselues to be ruled and gouerned by them let them be excommunicated ipso facto and not be restored vntill they repent and publikely reuoke those their wicked and Anabaptisticall errors
nor any Register of any Ecclesiasticall Courts nor any Minister belonging to any of the said Officers or Courts shal hereafter for any cause incident to their seueral Offices take or receiue any other or greater Fees then such as were certified to the most Reuerend Father in God Iohn late Archbishop of Canterburie in the yeere of our Lord God one thousand fiue hundred ninetie and seuen and were by him ratified and approued vnder paine that euery such Iudge Officer or Minister offending herein shall be suspended from the exercise of their seuerall Offices for the space of sixe moneths for euery such offence Alwayes prouided that if any question shall arise concerning the certaintie of the said Fees or any of them then those Fees shall be held for lawfull which the Archbishop of Canterburie for the time being shall vnder his hand approoue except the Statutes of this Realme before made doe in any particular case expresse some other Fees to be due Prouided furthermore that no Fee or money shall bee receiued either by the Archbishop or any Bishop or Suffragan either directly or indirectly for admitting of any into sacred Orders nor that any other person or persons vnder the said Archbishop Bishop or Suffragan shall for Parchment Writing Waxe Sealing or any other respect thereunto appertaining take aboue ten shillings vnder such paines as are already by Law prescribed CXXXVI A Table of the Rates of Fees to bee set vp in Courts and Registries WE do likewise constitute and appoint that the Registers belonging to euery such Ecclesiasticall Iudge shall place two Tables containing the seuerall Rates and Summes of all the said Fees one in the vsuall place or Consistorie where the Court is kept and the other in his Registrie both of them in such sort as euery man whom it concerneth may without difficultie come to the view and perusall thereof and take a Copie of them the same Tables to be so set vp before the Feast of the Natiuitie next ensuing And if any Register shall faile to place the said Tables according to the tenor hereof he shal be suspended from the execution of his Office vntil he cause the same to be accordingly done and the said Tables being once set vp if hee shall at any time remooue or suffer the same to be remooued hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for euery such offence be suspended from the exercise of his Office for the space of sixe moneths CXXXVII The whole Fees for shewing letters of Orders and other Licenses due but once in euery Bishops time FOrasmuch as a chiefe and principall cause and vse of Visitation is that the Bishop Archdeacon or other assigned to Visite may get some good knowledge of the State Sufficiencie and Abilitie of the Cleargie and other persons whom they are to Visite Wee thinke it conuenient that euery Parson Vicar Curate Schoolemaster or other person licenced whosoeuer doe at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibite vnto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoeuer to bee by the said Bishop either allowed or if there be iust cause disallowed and reiected and being by him approued to be as the Custome is signed by the Register and that the whole Fees accustomed to bee payed in the Visitations in respect of the premisses bee payed onely once in the whole time of euery Bishop and afterwards but halfe of the saide accustomed Fees in euery other Visitation during the said Bishops continuance ¶ Apparitors CXXXVIII The number of Apparitors restrained FOrasmuch as wee are desirous to redresse such abuses and aggrieuances as are saide to grow by Sumners or Apparitors Wee thinke it meete that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordaine that no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or haue more Apparitors to serue in their Iurisdictions respectiuely then either they or their predecessors were accustomed to haue thirtie yeeres before the publishing of these our present Constitutions All which Apparitors shall by themselues faithfully execute their Offices neither shall they by any colour or pretence whatsoeuer cause or suffer their Mandats to be executed by any Messengers or Substitutes vnlesse it bee vpon some good cause to be first knowen and approued by the Ordinarie of the place Moreouer they shall not take vpon them the office of Promoters or Informers for the Court neither shall they exact more or greater Fees then are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the foresaid limitation or any of the saide Apparitors shall offend in any of the premisses the persons deputing them if they be Bishops shall vpon admonition of their superiour discharge the persons exceeding the number so limitted if inferiour Ordinaries they shall be suspended from the execution of their Office vntill they haue dismissed the Apparitors by them so deputed the parties themselues so deputed shall for euer be remooued from the Office of Apparitors and if being so remoued they desist not from the exercise of their said Offices let them be punished by Ecclesiasticall censures as persons contumacious Prouided that if vpon experience the number of the said Apparitors be too great in any Diocesse in the iudgement of the Archbishop of Canterbury for the time being they shall by him be so abridged as hee shall thinke meete and conuenient ¶ Authoritie of Synodes CXXXIX A Nationall Synode the Church representatiue WHosoeuer shall hereafter affirme that the Sacred Synode of this Nation in the Name of CHRIST and by the Kings Authoritie assembled is not the true Church of ENGLAND by representation let him be Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXL Synodes conclude as well the absent as the present WHosoeuer shall affirme that no maner of person either of the Clergie or Laitie not being themselues particularly assembled in the said sacred Synode are to be subiect to the Decrees thereof in causes Ecclesiasticall made and ratified by the Kings Maiesties supreme Authoritie as not hauing giuen their voices vnto them let him bee Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXLI Deprauers of the Synode censured WHosoeuer shall hereafter affirme That the sacred Synode assembled as aforesaid was a company of such persons as did conspire together against godly and Religious professors of the Gospel and that therefore both they and their proceedings in making of Canons and Constitutions in causes Ecclesiasticall by the Kings authoritie as aforesaid ought to be despised and contemned the same being ratified confirmed and enioyned by the said Regall Power Supremacie and Authoritie let them be Excommunicated and not restored vntill they repent and publikely reuoke that wicked error WE of our princely inclination and Royall care for the maintenance of the present Estate and Gouernement of the Church of ENGLAND by the Lawes of this our Realme now setled and established hauing diligently with great contentment and comfort read and considered of all these their sayd Canons Orders Ordinances and Constitutions agreed vpon as is before expressed and finding the same such as Wee are perswaded will bee 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 obserued Haue therefore for Vs our Heires and lawfull Successours of our especiall Grace certaine Knowledge and meere Motion giuen and by these presents doe giue our Royall assent according to the forme of the sayd Statute or Acte of Parliament aforesayd to all and euery of the said Canons Orders Ordinances and Constitutions and to all and euery thing in them contained as they are before written And furthermore Wee doe not onely by our sayd Prerogatiue Royall and supreme Authoritie in causes Ecclesiasticall ratifie confirme and establish by these our Letters Patents the sayd Canons Orders Ordinances and Constitutions and all and euery thing in them contayned as is aforesayd but doe likewise propound publish and straightly enioyne and command by our sayd Authority and by these our Letters Patents the same to bee diligently obserued executed and equally kept by all our louing Subiects of this our kingdome both within the Prouince of CANTERBVRIE and YORKE in all points wherein they doe or may concerne euery or any of them according to this our will and pleasure hereby signified and expressed and 〈◊〉 likewise for the better obseruation of them euery Minister by what name or title soeuer he be called shall in the Parish Church or Chappell where he hath charge reade all the sayd Canons Orders Ordinances and Constitutions once euery yere vpon some Sundayes or Holy dayes in the afternoone before Diuine Seruice diuiding the same in such sort as that the one halfe may bee read one day and the other another day the Booke of the sayd Canons to be prouided at the charge of the Parish betwixt this and the Feast of the Natiuity of our Lord God next ensuing Straightly charging and commaunding all Archbishops Bishops and all other that exercise any Ecclesiasticall Jurisdiction within this Realme euery man in his place to see and procure so much as in them lieth all and euery of the same Canons Orders Ordinances and Constitutions to be in all poynts duely obserued not sparing to execute the ●ena 〈…〉 them seuerally mentioned vpon 〈…〉 that shal wittingly or wilfully breake or neglect to obserue the same as they tender the honour of God the peace of the Church the tranquilitie of the Kingdome and their dueties and seruice to Vs their King and Souereigne In witnesse c. ¶ Imprinted at London by ROBERT BARKER Printer to the Kings most Excellent Maiestie ANNO DOM. 1604.
Archdeacon but of the Deane and two Prebendaries at the least or if they shall happen by any lawful cause to be let or hindered in the presence of foure other graue persons being masters of Arts at the least and allowed for publike Preachers XXXII None to bee made Deacon and Minister both in one day THe Office of a Deacon being a step or degree to the Ministery according to the iudgment of the ancient Fathers and the practise of the Primitiue Church We doe ordaine and appoint that hereafter no Bishop shall make any person of what qualities or gifts soeuer a Deacon and a Minister both together vpon one day but that the order in that behalfe prescribed in the Booke of making and consecrating Bishops Priestes and Deacons be strictly obserued Not that alwayes euery Deacon should be kept from the Ministerie for a whole yeere when the Bishop shall find good cause to the contrary but that there being now foure times appointed in euery yeere for the ordination of Deacons and Ministers there may euer be some time of trial of their behauiour in the office of Deacon before they bee admitted to the Order of Priesthood XXXIII The Titles of such as are to be made Ministers IT hath beene long since prouided by many decrees of the ancient Fathers that none should be admitted either Deacon or Priest who had not first some certain place where he might vse his Function According to which examples we doe ordaine that henceforth no person shall be admitted into sacred Orders except he shall at that time exhibite to the Bishop of whome hee desireth Imposition of hands a presentation of himselfe to some Ecclesiasticall preferment then voyd in that Diocesse or shal bring to the said Bishop a true vndoubted Certificate that either he is prouided of some Church within the said Diocesse where he may attend the Cure of soules or of some Ministers place vacant either in the Cathedral Church of that Diocesse or in some other Collegiat Church therein also scituate where he may execute his Ministerie or that he is a Fellow or in right as a Fellow or to bee a Conduct or Chapleine in some Colledge in Cambridge or Oxford or except he be a Master of Arts of fiue yeeres standing that liueth of his owne charge in either of the Vniuersities or except by the Bishop himselfe that doth ordaine him Minister he be shortly after to be admitted either to some Benefice or Curateship then voyd And if any Bishop shall admit any person into the Ministery that hath none of these Titles as is aforesaid then he shal keepe and maintaine him with all things necessary till he doe preferre him to some Ecclesiastical liuing And if the said Bishop shall refuse so to doe hee shall bee suspended by the Archbishop being assisted with another Bishop from giuing of Orders by the space of a yeere XXXIIII The qualitie of such as are to bee made Ministers NO Bishop shall hencefoorth admit any person into sacred Orders which is not of his owne Diocesse except he be either of one of the Vniuersities of this Realme or except hee shall bring letters Dimissory so tearmed from the Bishop of whose Diocesse he is and desiring to be a Deacon is three and twentie yeeres olde and to bee a Priest foure and twenty yeeres complete and hath taken some degree of Schoole in either of the saide Vniuersities or at the least except hee be able to yeeld an accompt of his Faith in Latine according to the Articles of Religion approoued in the Synode of the Bishops and Cleargie of this Realme 1562 and to confirme the same by sufficient testimonies out of the holy Scriptures and except moreouer he shall then exhibite letters Testimoniall of his good life and conuersation vnder the Seale of some College in Cambridge or Oxford where before he remained or of three or foure graue Ministers together with the subscription and testimonie of other credible persons who haue knowen his life and behauiour by the space of three yeeres next before XXXV The examination of such as are to bee made Ministers THe Bishop before hee admit any person to holy Orders shall diligently examine him in the presence of those Ministers that shal assist him at the Imposition of hands And if the said Bishop haue any lawfull impediment he shall cause the said Ministers carefully to examine euery such person so to bee ordered Prouided that they who shall assist the Bishop in examining and laying on of handes shall bee of his Cathedrall Church if they may conueniently bee had or other sufficient Preachers of the same Diocesse to the number of three at the least And if any bishop or Suffragan shal admit any to sacred Orders who is not so qualified examined as before we haue ordeined the Archbishop of this prouince hauing notice thereof being assisted therein by one Bishop shall suspend the said Bishop or Suffragan so offending from making either Deacons or Priests for the space of two yeeres XXXVI Subscription required of such as are to bee made Ministers NO person shall hereafter be receiued into the Ministery nor either by Institution or Collation admitted to any Ecclesiastical liuing nor suffered to Preach to Catechize or to be a Lecturer or Reader of Diuinitie in either Vniuersity or in any Cathedrall or Collegiat Church City or market Towne parish Church Chappel or in any other place within this Realme except hee be licensed either by the Archbishop or by the Bishop of the Diocesse where he is to be placed vnder their handes and seales or by one of the two Vniuersities vnder their seale likewise and except he shall first subscribe to these three Articles following in such maner and sort as wee haue here appointed 1 That the Kings Maiestie vnder God is the onely supreme Gouernour of this Realme and of all other his Highnesse Dominions and Countreys aswell in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forraine Prince person prelate State or potentate hath or ought to haue any Iurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within his Maiesties said Realmes Dominions and Countreys 2 That the Booke of Common prayer and of ordering of Bishops priests and deacons containeth in it nothing contrary to the word of God and that it may lawfully so be vsed and that he himselfe will vse the forme in the said Booke prescribed in publike prayer and administration of the Sacraments and none other 3 That he alloweth the booke of Articles of Religion agreed vpon oy the Archbishops and Bishops of both Prouinces and the whole Cleargie in the Conuocation holden at London in the yeere of our Lord God one thousand fiue hundred sixtie and two and that he acknowledgeth all euery the Articles therein contained being in number nine and thirty besides the ratification to be agreeable to the word of God To these three Articles whosoeuer will subscribe he shal for