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.

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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 [Page 6] 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.

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 [Page 8] 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 shallbe 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.

[Page 10] 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 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.

[Page 11] 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.

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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.

[Page 13] 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 [Page 14] 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, [Page 15] 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 [Page 16] 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 [Page 17] 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 [Page 18] 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, [Page 20] 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.

[Page 21] 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 [Page 22] 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 [Page 23] 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 [Page 24] 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, [Page 25] 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 [Page 26] 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: [Page 27] 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.

[Page 28] 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. [Page 30] 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, [Page 31] 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.

[Page 32] 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 [Page 33] 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 [Page 34] 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 [Page 35] 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 [Page 36] 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, [Page 37] 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.

[Page 38] 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 [Page 39] 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 [Page 40] 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 [Page 41] 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 [Page 43] 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.

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