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A11762 Canons and constitutions 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. Episcopal Church in Scotland.; Baron, Robert, 1593?-1639. 1636 (1636) STC 22055; ESTC S116979 16,357 44

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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