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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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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
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
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 ●●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 app●●● 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