CANONS AND CONSTITVTIONS ECCLESIASTICALL Gathered and put in forme for the Governament of the CHURCH of SCOTLAND Ratified and approved by His Majesties Royall Warrand and ordained to be observed by the Clergie and all others whom they concerne PUBLISHED BY AUTHORITIE ABERDENE Imprinted by EDWARD RABAN dwelling vpon the Market-Place at the Armes of the CITIE 1636. WITH ROYALL PRIVILEDGE The just Copie of His Majesties Letters Patents for authorising the CANONS after following CHARLES R. WEE out of Our Royall Care for the Mayntenance of the present Estate and Government of the CHURCH of SCOTLAND having diligentlie and with great content considered all the Canons and Constitutions after-following and finding the same such as Wee are perswaded will bee profitable not onlie to Our Clergie but to the whole Church of that Our Kingdome if so they bee well observed Haue for Us Our Heyres and lawfull Successours of Our especiall Grace certayne Knowledge and meere Motion given and by these presents doe giue Our Royall Assent vnto all the sayds Canons Orders and Constitutions and to all and everie thing in them contayned as they are afterwards set downe And further Wee doe not onlie by Our Prerogatiue Royall and Supreme Authoritie in Causes Ecclesiasticall ratifie and confirme by these Our Letters Patents the saydes Canons Orders and Constitutions and all and everie thing in them contayned But lyke-wyse Wee command by Our Authoritie Royall and by these Our Letters Patents the same to bee diligentlie observed and executed by all Our loving Subjectes of that Our Kingdome both within the Provinces of Saint-Andrews and Glasgow in all poynts where-in they doe or may concerne everie or anie of them according to this Our Will and Pleasure heere-by expressed and declared And for the better observation of them Wee straytlie charge and cōmand all Arch-bishops Bishops and all others that exercyse anie Ecclesiasticall Iurisdiction within that our Realme to see and procure so much as in them lyeth all and everie of the same Canons Orders and Constitutions to be in all poynts duelie observed not sparing to execute the Penalties in them severallie mentioned vpon anie that shall willinglie and wilfullie breake or neglect to obserue the same as they tender the Honour of GOD the Peace of the Church the Tranquillitie of the Kingdome and their Service and Duetie to Us their King and Soveraygne Given at Our Manor of Greenwich the 23 of May 1635. CHAPTER I. Of the CHVRCH of SCOTLAND THE Religion of CHRIST teacheth vs to honour Secular Princes as the Vicegerent of GOD vpon earth And therefore as our duetie to the King 's most excellent Majestie obliedgeth It is decreed and ordayned That all Arch-Bishops Bishops and all other Ecclesiasticall persons all Readers of Divinitie Lectures all Masters Principalls Primars Regents Fellowes and all who-so-ever haue Charge of Schools Colledges and Universities shall faythfullie keepe and obserue and as much as in them lyeth cause to be observed and kept of others all singular Lawes and Statutes made for the restoring to the CROWNE of this Kingdome the auncient Iurisdiction over the Estate Ecclesiasticall and abolishing all Forraygne Power repugnant to the same And farther-more shall purelie and sincerelie to the vttermost of their wit and Learning teach make open and declare in their Doctrine Exhortations Lectures Instructions Conferences at all fit tyms occasions That all vsurped forraygne power for-as-much as the same hath no establishment nor ground by the Law of GOD is for most just causes taken away and abolished and that therfore no manner of obedience or subjection within His Majesties Realms and Dominions is due vnto any such forraygne power But that the King's power within His Realms of SCOTLAND ENGLAND IRELAND and all other His Dominions Countreys is the highest power vnder GOD to whom all men as well inhabitants as borne within the same doe by GOD'S Law owe most loyaltie and obedience afore aboue al powers and Potentates on earth 2. Whosoever shal herafter affirm That the King's M tie hath not the same Authoritie in Causes Ecclesiasticall that the godlie kings had amongst the Iewes and Christian Emperours in the Primitiue Church or impeach in anie part his Royall Supremacie in Causes Ecclesiasticall let him bee excommunicated and not restored but onlie by the Arch-bishop of the Province after his Repentance and publicke Revocation of these his wicked Errours 3. Whosoever shal hereafter affirme That the Doctrine of the Church of Scotland the forme of worship contained in the booke of Cōmon Prayer administration of the Sacraments The Rites Ceremonies of the Church The government of the Church vnder His M tie by Archbishops Bishops and others which beare office in the same The forme of making and consecrating Archbishops Bishops Presbyters Deacons as they are now established vnder His M ties Authoritie doe contayne in them anie thing repugnāt to the Scriptures or are corrupt superstitious or vnlawful in the service worship of GOD let him be excōmunicated not restored but by the Bishop of the place or Archb. of the Province after his Repentance and publicke Revocation of such his wicked Errours CHAP. II. Of Presbyters and Deacons their nomination ordination function and charge FOrasmuch as the weyght of the Ministeriall Calling doeth require such a measure of sufficiencie as humane weaknesse can attayne vnto and is often discredited by the ignorance insufficiencie and scandalous conversation of manie who vndertake the same it is ordayned That no person hereafter shall be admitted to that holie Function who hath not bene bred in some Universitie or Colledge hath takē some degree there and who shall verifie the same by the Subscriptions Seals of the Universitie or Colledge where hee receaved the degrees of Learning 2. Neyther shall hee bee admitted to tryall vnlesse hee bring a Certificat eyther from the Colledge where hee was bred or if hee haue discontinued there from the Presbyters or Ministers of that part of the Countrey where he hath for the most part resided since his leaving of the Universitie That hee hath beene exercised in some honest calling or studie and that hee is a man blamelesse in his lyfe and conversation Which Certificat shall be given vnder the hands and oathes of two or three Presbyters at least 3. No person shall bee heereafter receaved into holie Orders without due examination of his literature by the Arch-bishop or Bishop of the Diocesse or by their Chaplaynes appoynted to that worke who shall examine everie severall partie as they find cause 4. The age and prudencie of him that is to bee receaved must lykewyse bee considered as That hee bee at least fiue and twentie yeares compleat who is ordayned Presbyter and when hee is ordayned Deacon one and twentie years compleat at least and bee of a modest and setled carriage so that his lightnesse or indiscrete simplicitie bring not his Calling or Giftes in contempt 5. No Bishop shall hereafter admit anie person into holie
distributed to the poorer sort which receaue that day to bee eaten and drunken of them before they goe out of the Church 6. Superstition and Prophanenesse are both of them Extremities to bee avoyded As therefore the adoration of the Bread is condemned so the vnreverend communicating and not discerning of those holie Mysteriee must bee eschewed THEREFORE it is ordayned That the holie Sacrament of the Lord's Supper bee receaved with the bowing of the knee to testifie the devotion and thankfulnesse of the Receavers for that most excellent Gift CHAP. VII Of Marriage NO Presbyter or Deacon vpon payne of Suspension shall celebrate Marriage betwixt anie persons whose Bannes are not proclaymed three severall LORD'S DAYES in the Parochins where they remayne Nor shall hee celebrate the same in anie private place but publicklie in the Church and that betwixt eyght and twelue houres in the fore-noone without Licence of the Arch-bishop of the Province or the Ordinarie 2. Neyther shall it bee lawfull to joyne persons in marriage beeing vnder the age of twentie one yeares without the consent of Parentes if they bee living or their Governoures if their Parentes bee dead 3. No persons shall marrie within the degrees prohibited by the Lawe of GOD. And all Marriages so contracted and made shall bee judged incestuous and vnlawfull and consequentlie dissolved as voyde from the beginning and the parties so married separated by lawe And for the better information of all sortes touching the degrees prohibited it is expedient that a TABLE bee affixed publicklie in everie Parish Church 4. Because some necessarie causes occurre vvherein Licence can not bee refused to marrie without asking of Bannes It is ordayned That no such Licence bee graunted but to persons of good sort and qualitie and vpon good suretie and caution taken that there is no impediment and the persons not vnder the censure of the Church Neyther shall the Licence bee granted by anie but the Arch-Bishop of the Province or Bishop of the Diocesse 5. For-as-much as Causes Matrimoniall haue beene alwayes reputed amongst the weyghtiest and therefore requyre great Caution when they come to bee debated IT IS straytlie enjoyned That in all actions of Divorce and Nullities good circumspection bee vsed and the trueth sifted out so farre as is possible by deposition of vvitnesses and other lawfull proofes and that credite bee not given to the sole confession of parties howbeit taken vpon oath 6. In all Sentences of Separation à Thoro Mensa there shall bee a Caution inserted that the persons so separated shall liue continentlie and chastlie and not contract marriage with anie person during each others lyfe And for the better observing thereof the Sentence shall not bee pronounced vntill the parties requyring the same haue given good and sufficient Caution That they shall not transgresse the sayd Prohibition vnder payne of deposing the Iudge who shall bee found to doe otherwyse CHAP. VIII Of SYNODES FOR the better tryall of all disorders which may fall out amongst the Clergie and the retayning of Unitie in Doctrine and Discipline It is ordayned That in everie Diocesse Assemblies shall bee kept twyse a yeare in such places and at such tymes as the Bishop shall appoynt And if anie Presbyter absent himselfe vvithout a lawfull excuse signified at the tyme hee shall bee suspended to the next Synode 2. Because all Conventicles and secret meetinges of Church-men haue ever beene justlie accounted hurtfull to the peace of the Church wherein they liue It is ordayned That no such Meetinges bee kept by Presbyters or anie other persons whatsoever for consulting vpon matters Ecclesiasticall And That all matters of that kynde bee onlie handled in the lawfull Synodes helde by the Bishops and established by authoritie And if anie shall presume to keepe anie such Conventicles or secret meetinges for the expounding of Scripture administring of Sacramentes or consulting vpon causes Ecclesiasticall the Ecclesiasticall person shall for the first fault bee suspended for the second excommunicated and for the third deprived And a Lay-person so offending shall for the first fault bee admonished for the next excommunicated and then proceeded agaynst by the Lawes of the Kingdome 3. NATIONALL SYNODES called by His Majesties Authoritie for matters concerning the state of the Church in generall shall bind all persons as well absent as present to the obedience of the Decrees thereof in matters Ecclesiasticall And if anie shall affirme or mayntayne that a NATIONALL SYNOD so assembled ought not to bee obeyed hee shall bee excommunicated till hee publicklie repent and revoke his errour 4. Who-so-ever shall heere-after affirme that it is lawfull for anie Presbyter or Lay-man joyntlie or severallie to make Rules Orders or Constitutions in causes Ecclesiasticall or to adde or detract from anie Rubrickes Articles or other thinges nowe established without the King's Authoritie or His Successoures shall bee excommunicated ipso facto and not restored till hee repent and revoke such his bolde and schismaticall attemptes But for-as-much as no reformation in Doctrine or Discipline can bee made perfect at once in anie Church THEREFORE it shall and may be lawfull for the Church of SCOTLAND at anie tyme to make Remonstrance to His Majestie or His Successoures what they conceaue fit to bee taken in farther consideration in and concerning the Premisses And if the King shall therevpon declare his lyking and approbation then both Clergie and Lay shall yeeld their obedience without incurring the Censure afore-sayde or anie other But it shall not bee lawfull for the Bishops themselues in a NATIONALL SYNOD or otherwyse to alter anie Rubricke Article Canon Doctrinall or Disciplinarie what-so-ever vnder the payne aboue mentioned and HIS MAJESTIE' 's farther displeasure CHAP. IX Of Meetinges to Divine Service THE publicke Meetinges on the LORD'S DAY and other tymes appoynted by the Church beeing a speciall externall Meane to entertayne the COMMUNION OF SAYNCTS It is ordayned That the same shall bee carefullie observed by all persons of what condition soever And that they shall vse all due reverence in tyme of DIVINE SERVICE and of everie part thereof For it is the Apostle's Rule That all thinges bee done decentlie and according to order answerable to which Decencie and Order wee giue these directions following 2. No man shall cover his head in the Church or Chappell in tyme of DIVINE SERVICE except hee haue some infirmitie In which case hee may weare a Night-cap or Coyfe 3. All persons present shall reverentlie kneele vpon their knees when the CONFESSION and other Prayers are read and shall stand vp at the saying of the CREED 4. None eyther Man Woman or Chylde of what calling so-ever shall bee otherwyse busied in the Church than in quyet attendance to heare marke and vnderstand what is read preached or ministred Neyther shall they disturbe the SERVICE or SERMON by walking or talking or anie other-wyse nor depart out of the Church during the tyme of DIVINE SERVICE and SERMON nor before the BLESSING pronounced
to the ORDINARIE and obtayned His Approbation vnder His Hand 4. The names of persons excommunicated shall bee delivered to the ORDINARIE and no Satisfaction receaved nor Absolution given till Hee haue allowed the same 5. Intimation of the Sentence pronounced shall bee made in all the Churches adjacent to the ende no person may pretende ignorance there-of And if anie shall after intimation resort to or converse with anie who is excommunicate those excepted who are by naturall duetie bound to attende them or who are licenced by the Bishop they shall incurre the same Censure and bee excommunicated themselues 6. If anie person bee excommunicated in one Diocesse hee shall not bee absolved in another vvithout lawfull Warrand from the BISHOP vvho caused pronounce the Sentence And the Contraveaner shall bee suspended from his Function and the Absolution null vntill hee who is excommunicated haue performed his Satisfaction in the place where hee was sentenced 7. No Presbyter shall alter the receaved forme of publicke Satisfaction or make commutation there-of by paying pecuniall summes vnder the payne of Suspension And for the pecuniall summe exacted off the delinquent the same shall bee employed to the reliefe of the Poore and Strangers and other pious Uses by the advyse of the PRESBYTER and Church-Wardens 8. All Ecclesiasticall Iudges shall haue care to make their Proceedinges formall and not denye the Extract of their Actes and Processes to such as are interessed there-in 9. Al-be-it SACRAMENTALL CONFESSION and ABSOLVTION haue beene in some places verie much abused Yet if anie of the people bee grieved in mynde for anie delict or offence committed and for the vnburthening of his Conscience confesse the same to the BISHOP or PRESBYTER they shall as they are bound minister to the person so confessing all Spirituall Consolations out of the WORD of GOD and shall not denye him the Benefite of Absolution after the manner which is prescrybed in THE VISITATION OF THE SICKE if the partie showe himselfe truelie poenitent and humblie desire to bee absolved And hee shall not make knowne nor reveale what hath beene opened to him in Confession at anie tyme or to anie person what-so-ever except the cryme bee such as by the Lawes of the Realme his owne lyfe may bee called in question for concealing the same 10. Sentence of DEPRIVATION or DEPOSITION of a PRESBYTER shall not bee pronounced by anie other but the ARCH-BISHOP or BISHOP of the Diocesse in the presence of three or foure graue PRESBYTERS called there-vnto by the BISHOP 11. If anie person in holie Orders lawfullie suspended or deposed shall presume to exerce anie Ecclesiasticall Function during the tyme of his Suspension or after hee is degraded let him bee excommunicated and delivered to THE LAY POWER as incorrigible 12. If anie man shall finde himselfe injured by his METROPOLITANE let him appeale to Delegates or immediatelie to the KING 13. If anie BISHOP shall giue Ordination to one notoriouslie ignorant or scandalous hee shall bee suspended from the power of Ordination for a yeare and the person ordayned deprived 14. If anie BISHOP shall giue Ordination to a Man that is not of his owne Diocesse concerning whome hee hath not receaved Letters Dimissorie from his owne BISHOP let the BISHOP bee suspended for a yeare and the Ordayned punished as the ARCH-BISHOP shall thinke fit 15. And since the residence of Bishops within their Diocesses is no lesse necessarie than is the residence of Presbyters within their Parochins Who-so-ever shall remayne foorth thereof for the space of sixe monethes together vnlesse hee bee employed by the KING or by the CHVRCH for the first fault let him bee suspended from the Profites of his Bishopricke for a whole yeare the second tyme for two whole yeares and for the third fault deprived of his Bishopricke 16. In lyke manner If hee doe not holde his Visitations duelie and redresse such Abuses as are presented vnto him so farre as hee is able or bee negligent in conventing Heretickes of all sortes so farre at least as hee is tyed by Law let him bee suspended a yeare from his BISHOPRICKE toties quoties hee shall bee found to offende 17. If anie Arch-Bishop or Bishop shall directlie or indirectlie bee proved to take Fee or Money for admitting anie into Sacred Orders let him bee deprived as a Simoniacke in the highest degree and declared Not worthie of anie Charge in the CHVRCH CHAP. XIX Of Commissaries and their Courts NO man heere-after shall bee admitted Commissarie or Officiall to exercyse anie Spirituall Iurisdiction except hee be of age XXX years at least and one who is Master of Artes or Bacheler of Lawes well skilled in them as lykewyse well-affected in Religion of good and exemplarie lyfe and obedient to the Orders of the CHURCH 2. The Commissarie so admitted shall answere for the Procurators in Court and not suffer them to purloyne Causes or wrong the Clients in anie sort Nor shall hee admit â—â—ie to procure who are ignorant or vnexpert in the Lawes of the Countrey and Church 3. Hee shall content himselfe and not suffer Clerke Fiscall or other members of Court to exceede the rates of Fees allowed And to that effect shall place a Table of them in the vsuall place of the Consistorie where the Court is kept that everie man whom it concerneth may take a copie there-of And if hee or they shall bee tryed to receaue aboue that which is allowed the person so offending shall for his first fault bee suspended from his Office a whole yeare for the second two years and for the third lose his Office 4. It shal not be lawfull to anie Arch-Bishop or Bishop to place or appâ—â—â— a Commissarie within his Diocesse or anie part there-of vnlesse hee reside and attende the Service And if vpon anie necessarie occasion hee bee with-drawne for a tyme the Deputie shall bee placed with the Arch-Bishop's or Bishop's consent and not other-wyse LAstlie In all this Booke of Canons vvhere-so-ever there is no Penaltie expresslie set downe it is to bee vnderstood That so the Cryme or Offence bee proved the Punishment shall bee arbitrarie as the ORDINARIE shall thinke fittest FINIS ABERDENE Imprinted by EDWARD RABAN dwelling vpon the Market-place at the Townes Armes 1636. With Royall Authoritie