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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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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