Orders who is not of his owne Diocesse except hee bring Letters dimissorie from the Bishop of the Diocesse where hee lived and a Certificat of his honest conversation 6. Nor shall anie man bee admitted vnto holie Orders vnlesse hee haue a particular place and charge where hee may vse and exerce his Function And if anie Arch-bishop or Bishop doc otherwyse hee shall keepe and mayntayne the person so admitted in all thinges necessarie till hee bee provyded to some Ecclesiasticall Living And if hee offend in this a second tyme hee shall bee suspended from his Office 7. That the greater reverence may bee carried to that holie Calling all Ordinations shall bee made by imposition of handes and with solemne prayers openlie in the Church after the morning Service ended and before the Communion in the forme and verie wordes praescrybed in the Booke of Ordination and in presence of two or three Presbyters of the Diocesse who shall laye on handes together with the Arch-bishop or Bishop 8. All Ordinations shall bee made at foure tymes in the yeare to wit the first weekes of March Iune September and December 9. Everie Ecclesiasticall person at his admission shall take the oath of Supremacie according to the forme praescrybed in Parliament 10. No person shall hereafter bee receaved into holie Orders nor suffered to preach catechise reade Divinitie minister the Sacramentes or execute anie other Ecclesiasticall Function vnlesse hee first subscrybe to bee obedient to the Canons of the Church And if anie Bishop shall ordayne admit or licence anie person otherwyse Hee shall bee suspended from giving of Orders and Licences to preach for twelue monethes And if anie Presbyter or Deacon after hee hath subscrybed to liue obedient and conforme shall revolt hee shall bee suspended And in case hee doe not repent conforme and submit himselfe within the space of three monethes hee shall bee deposed from the Ministerie 11. To avoyde the detestable sinne of Simonie the Arch-bishop or Bishop at his instituting into or collating of anie Benefice or Ecclesiasticall Living shall minister to the intrant the Oath praescrybed in the Booke of Ordination agaynst Simonie And if the Bishop minister not the Oath Hee shall bee thought guiltie of Simonie himselfe and punished accordinglie CHAP. III. Of Residence and Preaching THE manie inconveniences which result vpon the Non-residence of Ministers require that some provision bee made there-anent It is therefore ordayned That everie Minister reside at the Church where hee serveth or nigh therevnto And if hee bee found absent without licence of his Ordinarie sixe Sundayes in the whole yeare or doe not vse and exercyse his Office being present the case of infirmitie being excepted let him bee admonished And if after two admonitions hee amend not let him bee depryved of his Benefice 2. No Stranger shall bee admitted to preach in anie Church vnlesse hee bee licenced by the Bishop of the Diocesse 3. Everie Presbyter shall eyther by himselfe or by another person lawfullie called reade or cause DIVINE SERVICE to be done according to the forme of the Book of COMMON PRAYER before all Sermons 4. Albeit the whole tyme of our lyfe bee but short to bee bestowed in the service of God yet seeing HEE tempereth that worke to our weaknesse It is ordayned That Preachers in their Sermons and Prayers eschew tediousnesse and by a succinct doing leaue in the people an appetite for farther instruction and a newe desire to devotion 5. No person of the Laicie whatsoever gifts hee hath of Learning Knowledge or Holinesse shall praesume to exercyse the Office of a Presbyter or Deacon eyther in part or whole vnlesse hee haue receaved Ordination and bee licenced by his Ordinarie vnder the payne of Excommunication 6. It is the duetie of Presbyters not onelie to stirre vp the affections of people by exhortation but lykewyse to informe their judgement by solide instruction that they may bee acquaynted with the groundes of their Profession THEREFORE It is ordayned That there bee catechizing everie Sunday in the afternoone except the Bishop dispence with it as hee findeth cause And because in the countrey people can not convenientlie meete but in the forenoone the Presbyter shall everie other yeare expound the Catechisme to his people vnder the payne of suspending him that shall bee found negligent herein 7. If anie Preacher shall in the Pulpit particularlie or of purpose impugne or confute the doctrine delivered by anie other Preacher in the same Church or in anie Church nigh adjoyning before hee hath acquaynted the Bishop of the Diocesse therewith and receaved order from Him what to doe in that case because vpon publicke dissenting and contradicting there may growe much offence and disquietnesse to the people The same beeing notified to the Bishop Hee shall not suffer the Preacher anie more to serue in that place which hee hath once abused except hee faythfullie promise to forbeare all such matter of contention in the Church vntill order bee taken therein by the Bishop who with all convenient speede shall so proceede as publicke satisfaction may bee given to the Congregation where the offence was committed Provyded that if eyther of the parties offending doe appeale hee shall not bee suffered to preach Lite pendente Neyther shall anie Preacher vse bitter invectiues agaynst his fellow-Presbyter or Preacher or goe about indirectlie to worke his disgrace with the people vnder the paine of being censured as a prophaner of the Word 8. No Presbyter or Preacher shall presume in Sermons to speake agaynst His MAIESTIES Lawes Statutes Acts or Ordinances But if hee conceaue anie scruple or doubt let him goe to his Ordinarie and receaue instruction 9. No man's name shall bee expressed in Pulpit to his reproach except the fault bee notorious which notoriorie is defined if the person bee fugitiue convict by an Assise excommunicate or contumacious after citation Nor yet shall anie man bee descrybed by anie other circumstances than publicke vyces alwayes damnable 10. It is manifest that the superstition of former ages is turned vnto great prophanenesse and that people for the most part are growne colde in doing anie good esteeming that good workes are not necessarie Therefore shall all Presbyters as their Text giveth occasion vrge the necessitie of good works to their hearers 11. When anie person is dangerouslie sicke the Presbyter having knowledge thereof shall resort vnto him or her if the disease bee not knowne or probablie suspected to bee infectious to instruct and comfort them in their disease according to the Booke of Common Prayer and farther too as hee shall thinke most needfull and convenient And when anie is passing out of this lyfe a Bell shall bee tolled that the people hearing may earnestlie pray for the dying person as a fellow-member of CHRIST'S Bodie and the Presbyter shall not then neglect to doe his last duetie 12. That everie Presbyter may bee the better enabled to performe his duetie and bee furnished throughlie with knowledge hee shall bee
carefull to get himselfe good Books especiallie and aboue the rest the Bookes of holie Scriptures and the Wrytinges of the Ancient Fathers and Doctors of the Church and hee shall studie diligentlie not taking delight in wandering through the Countrey nor medling in matters not pertinent to his Calling Or if anie doe otherwyse and after admonition amende not hee shall bee suspended from the Ministerie And if hee continue in that evill course hee shall bee deposed 13. All Presbyters and Preachers shall moue the people to joyne with them in prayer vsing some fewe and convenient wordes and shall alwayes conclude with the LORD'S PRAYER CHAP. IV. Of the conversation of Presbyters NO Ecclesiasticall person shall at anie tyme other than for their honest necessities resort to anie Tavernes or Ale-houses Neyther shall they giue themselues to anie servile labour to drinking and ryot spending their tyme ydlie by day or by night playing at Dyce Cardes or Tables or anie vnlawfull Game but at all tymes convenient heare or reade somewhat of the holie Scriptures or then exercyse themselues in some other studie or employmentes alwayes doing the thinges which appertayne to Honestie and endevouring to profite the Church of GOD having alwayes in mynde that they ought to excell all others in puritie of lyfe and bee ensamples to the people to liue well and Christianlie vnder payne of the Censures of the Church to bee severallie inflicted according to the qualitie of their offence 2. The ancient Canons of the Church did strictlie inhibite anie man to bee admitted to the Office of a BISHOP Presbyter or Deacon that had not brought their Families to bee Christian VVhereby all Ecclesiasticall persons are taught to looke vnto their Families and governe them in such sort that they may bee as it were little Churches in regard of the daylie Exercyses of Religion which are kept in them Neyther shall they conforme themselues to the vanitie and superfluitie of the tyme but in gravitie and frugalitie keepe that comlinesse which their Calling and Place doeth requyre taking good heede that their Wyues bee modest and sober their Children trayned vp in pietie and vertue and their servauntes of a good and honest conversation 3. To restrayne the vaging humour of some Church-men so often censured in auncient Councels It is ordayned That no Presbyter shall leaue his Charge to goe to Court or other places foorth of the Countrey without the licence of his Ordinarie and that the businesse bee knowne to bee vrgent and necessarie Wherein if they shall transgresse the Bishop of the Diocesse after tryall shall inflict such censure as his fault shall bee found to merite 4. If anie Ecclesiasticall person shall goe out of his Diocesse to sute Plantation in another or accept of anie place hee shall bee recalled by his Ordinarie and returned to his Charge And if hee disobey bee deposed 5. It is observed that sundrie Presbyters resort oftner and stay longer in EDINBVRGH than their Charge can well permit For vvhich cause it is ordayned That speciall notice bee taken of such and their names sent to their Ordinarie that due censure may bee inflicted 6. Because manie in holie Orders vndoe themselues by Suretiship It is ordayned That no Presbyter shall heerefter become Suretie or Cautioner for anie person whatsoever in civill Bondes and Contractes vnder the payne of suspension ever till he be relieved frō his cautionrie 7. All Ecclesiasticall persons shall bee carefull to avoyde the companie wherein filthie songes and vncleane gestures are vsed lest they incurre the suspicion of prophanenesse vnder the payne of such censures as the Ordinarie shall inflict 8. Nor shall they giue themselues to the studie of vnlawfull Artes and Sciences nor consult with those who are infamous for Magicke Sorcerie or Divination vnder the payne of deprivation for the first and degradation for the second offence 9. If anie person shall enter into holie Orders and afterwardes leaving the Exercyses of his Function shall betake himselfe to ydlenesse or anie common trade of lyfe hee shall be counted an Apostate depryved of his Benefice if hee haue anie and if hee haue none shall bee vncapable of anie for ever 10. No Presbyter or Deacon shall haunt the companie of Heretickes Schismatickes and Excommunicate persons vnder the payne of suspension vnlesse the Church hath appoynted them to conferre with such persons for reducing them vnto the right way CHAP. V. Of Translation FOR restrayning the levitie and inconstancie of some who vpon everie light occasion seeke to bee translated It is ordayned That no translation bee granted to anie Ecclesiasticall person vnlesse the same bee allowed by the Ordinarie And if he hath delapidated the Rents by setting a Leasse of the Tithes for a small Duetie or by anie other Translation to the praejudice of the Church in that case hee shall not haue libertie of Translation vnto a better Benefice but bee compelled to vnderlye the povertie himselfe hath caused CHAP. VI. Of the Sacramentes FOrasmuch as none haue ordinarie power to administer the Sacraments but such as are in holie Orders It is ordayned That no Lay person who hath not receaved Imposition of handes presume to take vpon him the ministration of the same vnder the payne of Excommunication 2. No Presbyter shall refuse or delay to Christen anie Chyld presented by the Parentes or anie one of them assisted by two or three witnesses although the same bee no ordinarie houre of Sermon And though all the people bee admonished to obserue THE LORD'S DAY for celebration of the Sacrament of Baptisme so farre as they may and to bring their Infantes for that effect vnto the Church yet consideration must bee had of the Childrens infirmitie and in that case the Presbyter shall not refuse to goe where the Infant remayneth and baptise the same 3. Seeing the SACRAMENT of the LORD'S SUPPER is instituted for confirmation of our Fayth and encrease of Grace and to bee a Testimonie of our holie Profession It is ordayned That the same shall bee administrated foure tymes everie yeare whereof the Feast of PASH shall alwayes bee one Provyded That everie man or woman doe communicate with their owne Presbyter once a yeare at least 4. And for the better preparation of the people the Presbyter shall bee diligent in examining of them especiallie those of the younger sort to see that they holde the foundation of CHRISTIAN RELIGION and bee not guiltie of anie grievous sinne vnrepented of For which cause hee shall enquyre carefullie vnto their manners lest anie that are scandalous or notoriouslie wicked bee admitted therevnto And because strangers not beeing of his Parochin can not bee so well knowne to him hee shall not receaue anie person of another Congregation without a Certificate from the Presbyter thereof bearing That hee doeth communicate with him and the rest of the Congregation at other ordinarie tymes 5. In the Ministration hee shall haue care that the Elementes bee circumspectlie handled and what is reserved thereof bee
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
5. Neyther shall anie ydle persons bee suffered to abyde eyther in the Church or Church-portch or in the Church-yarde during the tyme of DIVINE SERVICE or SERMON but shall bee caused eyther to come in or to depart 6. For the manifesting of our Unitie in FAYTH It is ordayned That one forme of the worship of GOD in the Blessed TRINITIE bee vsed in all Churches of the Kingdome And that in all Meetinges for Divine Worship before SERMON the whole PRAYERS according to the LITVRGIE bee deliberatelie and distinctlie read 7. Neyther shall anie Presbyter or Reader bee permitted to conceaue Prayers Ex tempore or vse anie other forme in the publicke LITVRGIE or SERVICE than is prescrybed vnder the payne of Deprivation from his Benefice or Cure CHAP. X. Of Schoole-Masters NO man shall teach eyther in publick Schoole or private House but such as shall bee allowed by the Arch-bishop of the Province or Bishop of the Diocesse vnder their Hand and Seale and who shall bee found meete as well for his dexteritie in teaching as for his learning and sober and honest conversation to haue care of Children and bringing vp of the Youth But especiallie it is to bee regarded That they bee of good Religion and obedient to the Orders of the CHVRCH 2. All Schoole-Masters shall teach in Scotish or Latine as Children are able to learne the CATECHISME And when anie SERMON is they shall bring their Schollers to the Church and there see they behaue themselues quyetlie and soberlie and at tymes convenient examine them what they haue learned 3. None shall bee permitted to teach in anie Colledge or Schoole eyther as PRIMAR REGENT or FELLOW except hee take first the Oath of Alleadgeance and Supremacie And having taken the Charge vpon them they shall acquaynt their Schollers and trayne them vp according to their capacitie in the Groundes contayned in the Booke entituled DEUS ET REX CHAP. XI Of Curates and Readers EVerie Bishop within his Diocesse shall take tryall of the qualitie of the Curates and Readers and permit none to reade or conceaue publicke Prayers in the Church vnlesse hee bee in holie Orders and lawfullie authorised by the Bishop CHAP. XII OF PRINTERS FOR restrayning the Libertie of PRINTING vvhich is greatlie abused in setting foorth Bookes Ballads Satyricall Lybels and other Pamphlets repugnant to the Trueth or not agreeing with Honestie and good Manners IT IS ORDAYNED That nothing heere-after bee imprinted except the same bee seene and allowed by the Visiters appoynted to that purpose CHAP. XIII Of Christninges Weddinges and Burialls to bee registrated IN everie Paroch-Church within the Kingdome a Parchment Booke shall bee provided at the Charge of the Parochin vvhere-in shall bee written the daye and yeare of everie Christning Wedding and Buriall vvhich shall bee kept and layde vp in a sure Coffer to bee provided also by the Parochin and not taken foorth by the Presbyter or anie other except when the Christninges Weddinges and Burialls are to bee recorded And to the effect those bee not neglected the Presbyter shall everie Lord's Day after Prayers or Sermon take foorth the sayde Booke and wryte there-in the names of all persons Christned with the names and Syrnames of their Parentes The names also of all persons married and buried in that Parioch in the weeke preceeding with the day and yeare of everie such Christning Wedding and Buriall And everie yeare once within one moneth after the first day of Ianuarie transmit vnto the Bishop of the Diocesse a true Copie of the names of all persons Christned married and buried the yeare before within his Parochin with the dayes and moneths of every such Christning Marriage Burial subscribed with his hand to the end the same may bee preserved in the Bishops Register VVherein if hee shall bee found negligent hee shall bee called and censured for the contempt of this necessarie Constitution CHAP. XIV Of publicke Fastes NOne in holie Orders shall without the Licence and direction of his Ordinarie appovnt or keepe anie solemne Fastes or bee present thereat of purpose vnder the payne of Suspension or other punishment which the Bishop shall thinke fit to inflict 2. Neyther shall it bee lawfull to keepe or indict anie FAST vpon SUNDAYES but onlie vpon Weeke-dayes and such as shall bee appoynted by HIS MAJESTIE CHAP. XV. Of decencie in Apparell enjoyned to persons Ecclesiasticall THE CHVRCH of CHRIST being ever desirous that Her Clergie should bee had in outward reverence and regard for the worthinesse of their Calling did thinke it fit to haue them knowne to the people by a prescribed and decent forme of Apparell vvhose judgement wee following doe ordayne That all Arch-Bishops Bishops Deanes Masters of Colledges Doctors in Divinitie Presbyters Deacons Masters of Artes and Bachelours of what Facultie soever shall vse Apparell beseeming their Degrees and abstayne from all light and new-fangled Garmentes eyther in colour or fashion no wayes beseeming the gravitie of their persons and Places CHAP. XVI Of things pertayning to the Church IN everie Church there shall bee provided at the charge of the Parochin a Bible of the largest volume with the Booke of Common Prayer and Psalmes newlie authorised The BIBLE shall bee of the Translation of King IAMES And if anie Parochin bee vnprovided thereof the same shall bee amended within two monethes at most after the publication of this Constitution 2. For ministring the Sacrament of BAPTISME a Font shall bee prepared and placed some-what neare the entire of the Church as ancientlie it vsed to bee with a Gloath of fine Linnen which shall lykewyse bee kept to that vse allanerlie 3. In lyke manner a comelie and decent Table for celebrating the holie COMMVNION shall bee placed at the vpper ende of the Chancell or Church which in tyme of Divine Service shall bee covered with a Carpet of decent Stuffe and at the tyme of Ministration with a whyte linnen cloath 4. Basons Cuppes or Chalices of some pure Mettall shall also bee provided to bee set vpon the Communion Table and reserved to that onelie vse 5. A Pulpit lyke-wyse decent and comelie must bee provided and placed in a convenient part of the Church for Preaching the Word of GOD. And if anie question aryse for placing the same it shall bee determined by the Bishop of the Diocesse 6. A Chest for Almes shall also bee provided strong and sure with a hole in the vpper part there-of having three Keyes one of which shall bee kept by the Presbyter and the other two put into the custodie of two Church-Wardens The Chest shall bee set and fastened in the most convenient place to the intent the Parochiners may put in their Almes vvhere-vnto the Presbyter shall exhort the people at all occasions but especiallie at the making of their Willes and Testamentes This Almes the Keepers of the Keyes shall eyther yearlie quarterlie or oftener as neede requyreth take out of the Chest and distribute in the presence of sixe chiefe Men of the
Parish to the most poore within the same 7. All these thinges aforesayde beeing furnished and provided at the Charge of the Parochin shall bee carefullie preserved by the Minister and Church-wardens The Church-man serving at the Church is to see that it bee repared sufficientlie The Windowes well glassed the Roofe well covered and the Floore paved and kept even and playne and all thinges ordered there-in in such sort as best beseemeth THE HOVSE OF GOD. 8. The lyke care shall bee taken that the Church-yardes be well fenced and mayntayned and that neyther Church nor Church-yard bee prophaned with Playes Feastes Banquets Temporall Courtes Markets Musters or the lyke 9 That all thinges aboue-sayde appertayning to CHVRCHES may bee kept in good order and frame the Arch-Deacon shall visite everie yeare once videlicet about Michaelmas and the Bishop everie three yeares once The Arch-Bishop also may METROPOLITICALLIE visite all the DIOCESSES within his Province so that it bee but once in his lyfe-tyme and that at such tymes as the Ordinaries shall thinke most convenient for the good of the CHVRCH And shall eyther of themselues rectifie such abuses as they finde or call for ayde from the HIGH COMMISSION if anie Man or Fault seeme too strong for them CHAP. XVII Of Tithes and Landes dedicated to CHVRCHES FOr-as-much as the Goods of the Church of what-so-ever sort are not committed to the disposing of persons Ecclesiasticall but onelie to their dispensing IT shall bee lawfull to anie Arch-Bishop Bishop Parson Vicar or anie Church-man to set alienate or put away from the Church and present vse there-of his Benefice Church-Rent or anie part of the same to anie person or persons whether Wyfe or Chyld Friend or Stranger mediatelie or immediatelie And who shall bee proved to doe the contrarie shall eyther bee compelled to restore the same or bee deposed from his Office Benefice and Living 2. It is agaynst all reason that Ecclesiasticall Livinges should goe after the manner of Earthlie Inheritances or that the Incumbentes should exhaust the same by setting Leasses which are not to runne out for a long tyme after their death to the hurt and prejudice of their Successoures THEREFORE IT IS ordayned That no Church-man shall set anie part of his Living and Rent longer than his owne lyfe-tyme vnder the payne of Deprivation and Degradation 3. And because it falleth out often that Church-men at the expyring of Leasses and other Rightes made before their tyme doe renew the same for a little and rediculous augmentation of the yearlie Duetie IT IS ordayned That no Church-man from hence-foorth shall set anie Leasse or make anie Right of his Benefice and Living but for a reasonable Duetie answereable in proportion to that which is set And if hee take anie Grassume or Entrie therefore to the hurt and prejudice of the Church the same shall bee employed to the profite of the Church and Successour as hee will answere it before his Ordinarie 4. No Bishop or Presbyter shall appropriate to his private vse anie part of the Landes and Goods pertayning to the Church or doted to pious and holie Uses And if they doe in the contrarie their Heyres and Executors shall bee holden to restore the same And for eschewing such Questions and freeing of the deceassed Church-man from Scandall IT IS thought expedient That the Thinges belonging to the Church bee knowne and discerned from the thinges appertayning in propertie to the Bishop and Presbyter Lest after their death thinges Ecclesiasticall bee converted to private vses or thinges belonging to themselues in propertie bee taken for things Ecclesiasticall 5. Thinges dedicated to Holie and Religious Uses and such other thinges as are offered willinglie or by Latter-Will left to anie pious Use shall bee carefullie looked vnto by the Bishop and Presbyter that they bee not lost nor converted to anie other vse And if anie man shall fraudfullie detayne thinges offered or left by Latter-Will to the Poore or anie pious Use hee shall bee suspended from all benefites of the Church as a Murderer of the Poore and irreligious crosser of the good intentions of People 6. If anie Presbyter shall with-holde detayne or destroy or deliver into the handes of Competitors anie Wryting or Instrument what-so-ever where-by the Donation of Ecclesiasticall Goods or their Right or Possession may bee instructed or in the pursuit of acquyring them shall privatelie transact with the partie vvithout the knowledge and consent of the ORDINARIE to the hurt and prejudice of the CHVRCH in anie sort hee shall refound the losses which came by his deede and bee deposed from his Function 7. For the greater encowragement of people to the workes of Pietie and Charitie If anie Bishop or Church-man shall depart this lyfe leaving no Children nor Successour of himselfe hee shall leaue his Goods or a great part of them to the CHVRCH and holie Uses Or if hee haue Children for whom hee must provide yet according to his abilitie hee shall leaue some Testimonie of his loue to the CHVRCH and advancement of RELIGION 8. If anie out of a devout mynde haue dedicated anie part of his Substance to the CHVRCH eyther he or his Children fall thereafter into povertie they shall bee supported by the CHVRCH vnto the which they haue beene beneficiall according to the Meanes receaved from them 9. VVhere-as some haue taken too great libertie in altering the Latter-will of those who haue mortified anie thing to the vse of Churches Colledges Schooles or Hospitalls which breedeth no small offence and is a great stay to manie well-affected people from founding or making anie such Dotations IT IS ORDAYNED That heere-after there shall be no alteration made of the Benefactors Will but that the same shall stand firme and bee preserved to the vse for which it was first appoynted 10. Everie Arch-Bishop and Bishop shall in their severall Diocesses procure a true Note of all the Gleabes Landes Meadowes Orchards Houses Implementes and portion of Tithes belonging to anie CHVRCH and take care that the same may bee preserved in their Registers for a perpetuall memorie CHAP. XVIII Of Censures Ecclesiasticall NO ECCLESIASTICALL IVDICATORIE shall meddle with anie thing but that which without all controversie is knowne to belong there-vnto as Heresie Schisme Swearing Not-resorting to the Church on Sundayes and other solemne Dayes approved by the Church Non-Communicantes Disturbers of Divine Service Committers of Whoredome Adulderie Incest Common Drunkennesse and all other things what-so-ever which ought to bee censured by Lawes Ecclesiasticall And such as are tryed and found notorious Offenders in anie of these wayes or the lyke shall not bee admitted to the Communion till they haue satisfied the Church according to the Order appoynted 2. The Censure of EXCOMMVNICATION beeing the highest Censure which the Church can inflict may not bee summarie not ordinarilie vsed but after lawfull Citation and due Admonitions preceeding 3. Neyther shall anie Presbyter pronounce the Sentence of EXCOMMVNICATION till hee haue showne the Processe
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
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