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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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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