CANONS AND CONSTITUTIONS ECCLESIASTICAL Gathered and put in form, for the Governament of the CHURCH of SCOTLAND. Ratified and approved by His Majesty's Royal Warrant, and ordained to be observed by the Clergy, and all others whom they concern. PUBLISHED BY AUTHORITY. ABERDENE, Imprinted by EDWARD RABAN, dwelling upon the Marketplace, at the Arms of the CITY, 1636. WITH ROYAL PRIVILEGE. The just Copy of His Majesty's Letters Patents, for authorising the CANONS after following. CHARLES R. WE, out of Our Royal Care, for the Maintenance of the present Estate and Government of the CHURCH of SCOTLAND, having diligently, and with great content, considered all the Canons and Constitutions after-following; and finding the same such, as We are persuaded, will be profitable not only to Our Clergy, but to the whole Church of that Our Kingdom, if so they be well observed; Have for Us, Our Heirs, and lawful Successors, of Our especial Grace, certain Knowledge, and mere Motion, given, and by these presents do give Our Royal Assent, unto all the sayds Canons, Orders, and Constitutions, and to all and every thing in them contained, as they are afterwards set down. And further: We do not only by Our Prerogative Royal, and Supreme Authority, in Causes Ecclesiastical, ratify, and confirm, by these Our Letters Patents, the saydes' Canons, Orders, and Constitutions, and all and every thing in them contained; But likewise, We command, by Our Authority Royal, and by these Our Letters Patents, the same to be diligently observed, and executed, by all Our loving Subjects of that Our Kingdom, both within the Provinces of Saint-Andrews and Glasgow, in all points wherein they do or may concern every, or any, of them, according to this Our Will and Pleasure, hereby expressed, and declared. And for the better observation of them, We straytlie charge, and command, all Archbishops, Bishops, and all others that exercise any Ecclesiastical jurisdiction, within that our Realm, to see and procure, (so much as in them lieth) all and every of the same Canons, Orders, and Constitutions, to be in all points duly observed; not sparing to execute the Penalties in them severallie mentioned, upon any that shall willingly and wilfully break, or neglect to observe the same, as they tender the Honour of GOD, the Peace of the Church, the Tranquillity of the Kingdom, and their Service and Duty to Us their King and Soveraygne. Given at Our Manor of Greenwich, the 23 of May, 1635. CHAPTER I. Of the CHURCH of SCOTLAND. THE Religion of CHRIST teacheth us, to honour▪ Secular Princes, as the Vicegerent of GOD upon earth: And therefore, as our duty to the King's most excellent Majesty obliedgeth, It is decreed, and ordained, That all Arch-Bishops, Bishops, and all other Ecclesiastical persons; all Readers of Divinity Lectures, all Masters, Principals, Primars, Regent's, Fellows, and all who-so-ever have Charge of Schools, Colleges, and Universities, shall faithfully keep and observe, and (as much as in them lieth) cause to be observed, and kept of others, all singular Laws and Statutes made for the restoring to the CROWN of this Kingdom, the ancient jurisdiction over the Estate Ecclesiastical, and abolishing all Forraygne Power, repugnant to the same. And farther-more, shall purely, and sincerely, to the uttermost of their wit and Learning, teach, make open, and declare in their Doctrine, Exhortations, Lectures, Instructions, & Conferences, at all fit times & occasions, That all usurped & forraygne power (forasmuch as the same hath no establishment, nor ground by the Law of GOD) is, for most just causes, taken away; and abolished; and that therefore, no manner of obedience or subjection within His Majesty's Realms and Dominions, is due unto any such forraygne power: But that the King's power within His Realms of SCOTLAND, ENGLAND, IRELAND, and all other His Dominions & Countries, is the highest power under GOD; to whom all men, as well inhabitants, as borne within the same, do by GOD'S Law owe most loyalty and obedience; afore & above all powers, and Potentates on earth. 2. Whosoever shall hereafter affirm, That the King's M tie hath not the same Authority in Causes Ecclesiastical, that the godly kings had amongst the jews, and Christian Emperors, in the Primitive Church; or impeach▪ in any part, his Royal Supremacy in Causes Ecclesiastical; let him be excommunicated, and not restored, but only by the Archbishop of the Province, after his Repentance, and public Revocation of these his wicked Errors. 3. Whosoever shall hereafter affirm, That the Doctrine of the Church of Scotland; the form of worship contained in the book of Common Prayer, & administration of the Sacraments; The Rites & Ceremonies of the Church; The government of the Church under His M tie by Archbishops, Bishops, and others which bear office in the same; The form of making and consecrating Archbishops, Bishops, Presbyters, & Deacons, as they are now established under His M ties Authority, do contain in them any thing repugnant to the Scriptures, or are corrupt, superstitious, or unlawful in the service & worship of GOD; let him be excommunicated, & not restored, but by the Bishop of the place, or Archb. of the Province, after his Repentance, and public Revocation of such his wicked Errors. CHAP. II. Of Presbyters and Deacons, their nomination, ordination, function and charge. FOrasmuch as the weyght of the Ministerial Calling, doth require such a measure of sufficiency, as humane weakness can attain unto, and is often discredited by the ignorance, insufficiency, and scandalous conversation of many who undertake the same; it is ordained, That no person hereafter shallbe admitted to that holy Function, who hath not been bred in some University or College, & hath taken some degree there; and who shall verify the same by the Subscriptions & Seals of the University, or College, where he received the degrees of Learning. 2. Neither shall he be admitted to trial, unless he bring a Certificate, either from the College where he was bred, or (if he have discontinued there) from the Presbyters or Ministers of that part of the Country, where he hath for the most part resided since his leaving of the University; That he hath been exercised in some honest calling, or study; and that he is a man blameless in his life, and conversation. Which Certificate shall be given under the hands and oaths of two or three Presbyters at least. 3. No person shall be hereafter received into holy Orders, without due examination of his literature, by the Archbishop or Bishop of the Diocese, or by their Chaplaynes, apppointed to that work, who shall examine every several party, as they find cause. 4. The age and prudencie of him that is to be received, must likewise be considered, as, That he be at least five and twenty years complete, who is ordained Presbyter; and when he is ordained Deacon, one and twenty years complete, at least; and be of a modest and settled carriage: so that his lightness, or indiscrete simplicity, bring not his Calling, or Gifts, in contempt. 5. No Bishop shall hereafter admit any person into holy Orders, who is not of his own Diocese, except he bring Letters dimissorie from the Bishop of the Diocese where he lived, and a Certificate of his honest conversation. 6. Nor shall any man be admitted unto holy Orders, unless he have a particular place, and charge, where he may use and exerce his Function. And if any Archbishop or Bishop doc otherwise, he shall keep and maintain the person so admitted in all things necessary, till he be provyded to some Ecclesiastical Living. And if he offend in this a second time, he shall be suspended from his Office. 7. That the greater reverence may be carried to that holy Calling, all Ordinations shall be made by imposition of hands, and with solemn prayers, openly in the Church, after the morning Service ended, and before the Communion, in the form and very words praescrybed in the Book of Ordination, and in presence of two or three Presbyters of the Diocese, who shall say on hands together with the Archbishop, or Bishop. 8. All Ordinations shall be made at four times in the year; to wit, the first weeks of March, june, September, and December. 9 Every Ecclesiastical person, at his admission, shall take the oath of Supremacy, according to the form praescrybed in Parliament. 10. No person shall hereafter be received into holy Orders, nor suffered to preach, catechise, read Divinity, minister the Sacraments, or execute any other Ecclesiastical Function, unless he first subscrybe, to be obedient to the Canons of the Church. And if any Bishop shall ordain, admit, or licence any person otherwise, He shall be suspended from giving of Orders and Licences to preach, for twelve months. And if any Presbyter or Deacon, after he hath subscrybed, to live obedient and conform, shall revolt, he shall be suspended. And, in case he do not repent, conform, and submit himself, within the space of three months, he shall be deposed from the Ministry. 11. To avoid the detestable sin of Simony, the Archbishop or Bishop, at his instituting into, or collating of any Benefice, or Ecclesiastical Living, shall minister to the intrant the Oath praescrybed in the Book of Ordination against Simony. And if the Bishop minister not the Oath, He shall be thought guilty of Simony himself, and punished accordingly. CHAP. III. Of Residence and Preaching. THE many inconveniences which result upon the Nonresidence of Ministers, require that some provision be made there-anent: It is therefore ordained, That every Minister reside at the Church where he serveth, or nigh thereunto. And if he be found absent, without licence of his Ordinary, six Sundays in the whole year, or do not use and exercise his Office, being present, (the case of infirmity being excepted) let him be admonished. And if after two admonitions he amend not, let him be depryved of his Benefice. 2. No Stranger shall be admitted to preach in any Church, unless he be licenced by the Bishop of the Diocese. 3. Every Presbyter shall either by himself, or by another person lawfully called, read, or cause DIVINE SERVICE to be done, according to the form of the Book of COMMON PRAYER, before all Sermons. 4. Albeit the whole time of our life be but short, to be bestowed in the service of God; yet seeing HE tempereth that work to our weakness, It is ordained, That Preachers in their Sermons and Prayers, eschew tediousness; and by a succinct doing, leave in the people an appetite for farther instruction, and a new desire to devotion. 5. No person of the Laicie, whatsoever gifts he hath of Learning, Knowledge, or Holiness, shall praesume to exercise the Office of a Presbyter or Deacon, either in part, or whole, unless he have received Ordination, and be licenced by his Ordinary; under the pain of Excommunication. 6. It is the duty of Presbyters, not only to stir up the affections of people by exhortation; but likewise to inform their judgement, by solid instruction, that they may be acquainted with the grounds of their Profession: THEREFORE It is ordained, That there be catechising every Sunday in the afternoon, except the Bishop dispense with it, as he findeth cause. And because in the country people can not convenientlie meet but in the forenoon, the Presbyter shall every other year expound the Catechism to his people, under the pain of suspending him that shall be found negligent herein. 7. If any Preacher shall in the Pulpit particularly, or of purpose, impugn, or confute the doctrine delivered by any other Preacher in the same Church, or in any Church nigh adjoining, before he hath acquainted the Bishop of the Diocese therewith, and received order from Him, what to do in that case, because upon public dissenting and contradicting, there may grow much offence, and disquietness, to the people; The same being notified to the Bishop He shall not suffer the Preacher any more to serve in that place which he hath once abused except he faithfully promise, to forbear all such matter of contention in the Church, until order be taken therein by the Bishop; who with all convenient speed shall so proceed, as public satisfaction may be given to the Congregation where the offence was committed: Provyded, that if either of the parties offending do appeal, he shall not be suffered to preach Light pendente: Neither shall any Preacher use bitter invectives against his fellow-Presbyter or Preacher; or go about indirectly to work his disgrace with the people▪ under the pain of being censured, as a profaner of the Word. 8. No Presbyter or Preacher shall presume in Sermons, to speak against His MAJESTY'S Laws, Statutes, Acts, or Ordinances: But if he conceive any scruple or doubt, let him go to his Ordinary, and receive instruction. 9 No man's name shall be expressed in Pulpit, to his reproach, except the fault be notorious; which notoriorie is defined, if the person be fugitive, convict by an Assize, excommunicate, or contumacious after citation. Nor yet shall any man be described by any other circumstances, than public vices, always damnable. 10. It is manifest, that the superstition of former ages, is turned unto great profaneness; and, that people, for the most part, are grown cold in doing any good; esteeming, that good works are not necessary: Therefore shall all Presbyters, as their Text giveth occasion, urge the necessity of good works to their hearers. 11. When any person is dangerously sick, the Presbyter (having knowledge thereof) shall resort unto him, or her, (if the disease be not known, or probably suspected to be infectious) to instruct and comfort them in their disease, according to the Book of Common Prayer; and farther too, as he shall think most needful, and convenient. And when any is passing out of this life, a Bell shall be tolled; that the people hearing, may earnestly pray for the dying person, as a fellow-member of CHRIST'S Body: and the Presbyter shall not then neglect to do his last duty. 12. That every Presbyter may be the better enabled to perform his duty, and be furnished throughly with knowledge, he shall be careful to get himself good Books; especially, and above the rest, the Books of holy Scriptures, and the Writing of the Ancient Fathers, and Doctors of the Church: and he shall study diligently; not taking delight in wandering through the Country, nor meddling in matters not pertinent to his Calling. Or, if any do otherwise, and after admonition amend not, he shall be suspended from the Ministry. And if he continue in that evil course, he shall be deposed. 13. All Presbyters and Preachers shall move the people to join with them in prayer, using some few and convenient words; and shall always conclude with the LORD'S PRAYER. CHAP. IU. Of the conversation of Presbyters. NO Ecclesiastical person shall at any time, other than for their honest necessities, resort to any Taverns, or Alehouses: Neither shall they give themselves to any servile labour; to drinking, and riot; spending their time ydlie, by day, or by night, playing at Dice, Cards, or Tables, or any unlawful Game: but at all times convenient, hear or read somewhat of the holy Scriptures; or then exercise themselves in some other study, or employmentes; always doing the things which appertain to Honesty, and endeavouring to profit the Church of GOD: having always in mind, that they ought to excel all others in purity of life, and be ensamples to the people, to live well, and Christianlie; under pain of the Censures of the Church, to be severallie inflicted, according to the quality of their offence. 2. The ancient Canons of the Church, did strictly inhibit any man to be admitted to the Office of a BISHOP, Presbyter, or Deacon, that had not brought their Families to be Christian. Whereby all Ecclesiastical persons are taught, to look unto their Families; and govern them in such sort, that they may be (as it were) little Churches, in regard of the daily Exercyses of Religion, which are kept in them. Neither shall they conform themselves to the vanity and superfluity of the time; but in gravity and frugality, keep that comeliness, which their Calling and Place doth require: taking good heed that their Wyves be modest, and sober, their Children trained up in piety and virtue, and their servants of a good and honest conversation. 3. To restrain the vaging humour of some Churchmen, so often censured in ancient Counsels; It is ordained, That no Presbyter shall leave his Charge, to go to Court, or other places forth of the Country, without the licence of his Ordinary, and that the business be known to be urgent, and necessary. Wherein if they shall transgress, the Bishop of the Diocese, after trial, shall inflict such censure, as his fault shall be found to merit. 4. If any Ecclesiastical person shall go out of his Diocese, to suit Plantation in another, or accept of any place, he shall be recalled by his Ordinary, and returned to his Charge. And if he disobey, be deposed. 5. It is observed, that sundry Presbyters resort oftener, and stay longer in EDINBURGH, than their Charge can well permit; For which cause it is ordained, That special notice be taken of such, and their names sent to their Ordinary, that due censure may be inflicted. 6. Because many in holy Orders, undo themselves by Suretyship, It is ordained, That no Presbyter shall heerefter become Surety, or Cautioner, for any person whatsoever, in civil Bonds and Contracts, under the pain of suspension, ever till he be relieved from his cautionrie. 7. All Ecclesiastical persons shall be careful to avoid the company wherein filthy songs, and unclean gestures, are used; lest they incur the suspicion of profaneness; under the pain of such censures, as the Ordinary shall inflict. 8. Nor shall they give themselves to the study of unlawful Arts, and Sciences; nor consult with those who are infamous for Magic Sorcery, or Divination; under the pain of deprivation for the first, and degradation for the second offence. 9 If any person shall enter into holy Orders, and afterwards leaving the Exercyses of his Function, shall betake himself to idleness, or any common trade of life, he shall be counted an Apostate, depryved of his Benefice, if he have any; and if he have none, shall be uncapable of any, for ever. 10. No Presbyter or Deacon, shall haunt the company of Heretics, Schismatickes, and Excommunicate persons; under the pain of suspension: unless the Church hath apppointed them to confer with such persons, for reducing them unto the right way. CHAP. V. Of Translation. FOR restraining the levity and inconstancy of some, who upon every light occasion seek to be translated, It is ordained, That no translation be granted to any Ecclesiastical person, unless the same be allowed by the Ordinary. And if he hath delapidated the Rents, by setting a Lease of the Tithes for a small Duty, or by any other Translation, to the praejudice of the Church, in that case, he shall not have liberty of Translation unto a better Benefice; but be compelled to underlye the poverty himself hath caused. CHAP. VI Of the Sacraments. FOrasmuch as none have ordinary power, to administer the Sacraments, but such as are in holy Orders; It is ordained, That no Lay person, who hath not received Imposition of hands, presume to take upon him the ministration of the same; under the pain of Excommunication. 2. No Presbyter shall refuse, or delay, to Christen any Child presented by the Parents, or any one of them, assisted by two or three witnesses; although the same be no ordinary hour of Sermon. And, though all the people be admonished, to observe THE LORD'S DAY, for celebration of the Sacrament of Baptism, so far as they may, and to bring their Infants, for that effect, unto the Church; yet consideration must be had of the children's infirmity; and in that case the Presbyter shall not refuse to go where the Infant remaineth, and baptise the same. 3. Seeing the SACRAMENT of the LORD'S SUPPER is instituted for confirmation of our Faith, and increase of Grace, and to be a Testimony of our holy Profession; It is ordained, That the same shall be administrated four times every year; whereof the Feast of PASH shall always be one: Provyded, That every man or woman do communicate with their own Presbyter, once a year, at least. 4. And, for the better preparation of the people, the Presbyter shall be diligent in examining of them; especially those of the younger sort; to see, that they hold the foundation of CHRISTIAN RELIGION, and be not guilty of any grievous sin unrepented of. For which cause, he shall enquyre carefully unto their manners; lest any that are scandalous, or notoriously wicked, be admitted thereunto. And because strangers, not being of his Parochin, can not be so well known to him, he shall not receive any person of another Congregation, without a Certificate from the Presbyter thereof; bearing, That he doth communicate with him, and the rest of the Congregation, at other ordinary times. 5. In the Ministration he shall have care, that the Elements be circumspectly handled; and what is reserved thereof, be distributed to the poorer sort, which receive that day; to be eaten and drunken of them before they go out of the Church. 6. Superstition and Profaneness are both of them, Extremities to be avoided: As therefore the adoration of the Bread is condemned; so the unreverend communicating, and not discerning of those holy Mysteriee, must be eschewed. THEREFORE it is ordained▪ That the holy Sacrament of the Lord's Supper be received with the bowing of the knee; to testify the devotion and thankfulness of the Receivers, for that most excellent Gift. CHAP. VII. Of Marriage. NO Presbyter, or Deacon, upon pain of Suspension, shall celebrate Marriage betwixt any persons, whose Bannes are not proclaimed three several LORD'S DAYS in the Parochins where they remain. Nor shall he celebrate the same in any private place, but publicklie in the Church, and that betwixt eight and twelve hours in the forenoon, without Licence of the Archbishop of the Province, or the Ordinary. 2. Neither shall it be lawful to join persons in marriage, being under the age of twenty one years, without the consent of Parents, if they be living, or their Governoures', if their Parents be dead. 3. No persons shall marry within the degrees prohibited by the Law of GOD. And all Marriages so contracted, and made, shall be judged incestuous, and unlawful; and consequently dissolved as void from the beginning; and the parties so married, separated by law. And for the better information of all sorts, touching the degrees prohibited, it is expedient that a TABLE be affixed publicklie in every Parish Church. 4. Because some necessary causes occur, wherein Licence can not be refused to marry without ask of Bannes; It is ordained, That no such Licence be granted, but to persons of good sort and quality, and upon good surety, and caution taken, that there is no impediment, and the persons not under the censure of the Church. Neither shall the Licence be granted by any, but the Archbishop of the Province, or Bishop of the Diocese. 5. Forasmuch as Causes Matrimonial have been always reputed amongst the weyghtiest, and therefore require great Caution, when they come to be debated; IT IS straytlie enjoined, That in all actions of Divorce, and Nullities, good circumspection be used, and the truth sifted out, so far as is possible, by deposition of witnesses, and other lawful proofs; and, that credit be not given to the sole confession of parties, howbeit taken upon oath. 6. In all Sentences of Separation, à Thoro & Mensa, there shall be a Caution inserted, that the persons so separated, shall live continentlie, and chastely, and not contract marriage with any person, during each others life. And for the better observing thereof, the Sentence shall not be pronounced, until the parties requyring the same have given good and sufficient Caution, That they shall not transgress the said Prohibition, under pain of deposing the judge who shall be found to do otherwise. CHAP. VIII. Of SYNODS. FOR the better trial of all disorders which may fall out amongst the Clergy, and the retaining of Unity in Doctrine and Discipline; It is ordained, That in every Diocese, Assemblies shall be kept twice a year, in such places, and at such times, as the Bishop shall appoint. And if any Presbyter absent himself, without a lawful excuse signified at the time, he shall be suspended to the next Synod. 2. Because all Conventicles, and secret meetings of Churchmen, have ever been justly accounted hurtful to the peace of the Church wherein they live; It is ordained, That no such Meetings be kept by Presbyters, or any other persons whatsoever, for consulting upon matters Ecclesiastical: And, That all matters of that kind be only handled in the lawful Synods held by the Bishops, and established by authority. And if any shall presume to keep any such Conventicles, or secret meetings, for the expounding of Scripture, administering of Sacraments, or consulting upon causes Ecclesiastical, the Ecclesiastical person shall for the first fault, be suspended; for the second, excommunicated; and, for the third, deprived. And a Lay-person so offending, shall, for the first fault, be admonished; for the next, excommunicated; and then proceeded against, by the Laws of the Kingdom. 3. national SYNODS, called by His Majesty's Authority, for matters concerning the state of the Church in general, shall bind all persons, as well absent, as present, to the obedience of the Decrees thereof in matters Ecclesiastical. And if any shall affirm or maintain, that a national SYNOD so assembled, ought not to be obeyed, he shall be excommunicated, till he publicklie repent, and revoke his error. 4. Who-so-ever shall hereafter affirm, that it is lawful for any Presbyter, or Layman, joyntlie, or severallie, to make Rules, Orders, or Constitutions, in causes Ecclesiastical; or to add or detract from any Rubrickes, Articles, or other things now established, without the King's Authority, or His Successoures', shall be excommunicated, ipso facto; and not restored, till he repent, and revoke such his bold and schismatical attempts. But forasmuch as no reformation in Doctrine or Discipline, can be made perfect at once in any Church; THEREFORE it shall and may be lawful, for the Church of SCOTLAND, at any time, to make Remonstrance to His Majesty, or His Successoures', what they conceive fit to be taken in farther consideration, in, and concerning the Premises. And if the King shall thereupon declare his liking, and approbation, than both Clergy and Lay shall yield their obedience, without incurring the Censure aforesaid, or any other. But it shall not be lawful for the Bishops themselves, in a national SYNOD, or otherwise, to alter any Rubric, Article, Canon Doctrinal, or Disciplinarie, whatsoever; under the pain above mentioned, and HIS MAJESTIE'S farther displeasure. CHAP. IX. Of Meetings, to Divine Service. THE public Meetings on the LORD'S DAY, and other times apppointed by the Church, being a special external Mean to entertain the COMMUNION OF saints; It is ordained, That the same shall be carefully observed by all persons, of what condition soever. And that they shall use all due reverence in time of DIVINE SERVICE, and of every part thereof: For it is the Apostle's Rule, That all things be done decentlie, and according to order: answerable to which Decency and Order we give these directions following. 2. No man shall cover his head in the Church or Chapel, in time of DIVINE SERVICE, except he have some infirmity: In which case he may wear a Nightcap, or Coif. 3. All persons present shall reverentlie kneel upon their knees, when the CONFESSION, and other Prayers are read; and shall stand up at the saying of the CREED. 4. None, either Man, Woman, or Child, of what calling soever, shall be otherwise busied in the Church, than in quiet attendance, to hear, mark▪ and understand, what is read, preached, or ministered. Neither shall they disturb the SERVICE, or SERMON, by walking, or talking, or any otherwise: nor depart out of the Church, during the time of DIVINE SERVICE, and SERMON, nor before the BLESSING pronounced. 5. Neither shall any idle persons be suffered to abide, either in the Church, or Church-portch, or in the Churchyard, during the time of DIVINE SERVICE, or SERMON: but shall be caused, either to come in, or to depart. 6. For the manifesting of our Unity in FAITH, It is ordained, That one form of the worship of GOD in the Blessed TRINITY, be used in all Churches of the Kingdom: And that in all Meetings for Divine Worship before SERMON, the whole PRAYERS according to the LITURGY, be deliberatelie and distinctlie read. 7. Neither shall any Presbyter, or Reader, be permitted, to conceive Prayers Ex tempore, or use any other form in the public LITURGY, or SERVICE, than is prescrybed; under the pain of Deprivation from his Benefice, or Cure. CHAP. X. Of Schoolmasters. NO man shall teach either in public School, or private House, but such as shall be allowed by the Archbishop of the Province, or Bishop of the Diocese, under their Hand and Seal; and who shall be found meet, as well for his dexterity in teaching, as for his learning, and sober and honest conversation, to have care of Children, and bringing up of the Youth. But especially it is to be regarded, That they be of good Religion, and obedient to the Orders of the CHURCH. 2. All Schoolmasters shall teach in Scotish or Latin, (as Children are able to learn) the CATECHISM: And when any SERMON is, they shall bring their Scholars to the Church; and there see they behave themselves quyetlie, and soberly: and, at times convenient, examine them what they have learned. 3. None shall be permitted to teach in any College or School, either as PRIMAR, REGENT, or FELLOW, except he take first the Oath of Alleadgeance, and Supremacy. And having taken the Charge upon them, they shall acquaint their Scholars, and train them up, according to their capacity, in the Grounds contained in the Book entitled, DEUS ET REX. CHAP. XI. Of Curates, and Readers. Every Bishop within his Diocese, shall take trial of the quality of the Curates and Readers, and permit none to read, or conceive public Prayers in the Church, unless he be in holy Orders, and lawfully authorised by the Bishop. CHAP. XII. OF PRINTERS. FOR restraining the Liberty of PRINTING, which is greatly abused, in setting forth Books, Ballads, Satirical Lybels', and other Pamphlets, repugnant to the Truth, or not agreeing with Honesty, and good Manners; IT IS ORDAINED, That nothing hereafter be imprinted, except the same be seen, and allowed, by the Visiters apppointed to that purpose. CHAP. XIII. Of Christninge, Weddings, and Burials, to be registrated. IN every Paroch-Church within the Kingdom, a Parchment Book shall be provided, at the Charge of the Parochin; wherein shall be written the day and year of every Christening, Wedding, and Burial: which shall be kept, and laid up in a sure Coffer, to be provided also by the Parochin, and not taken forth by the Presbyter, or any other, except when the Christninge, Weddings, and Burials are to be recorded. And to the effect those be not neglected, the Presbyter shall every Lord's Day, after Prayers, or Sermon, take forth the said Book, and write there-in the names of all persons Christened, with the names and Syrnames of their Parents; The names also of all persons married, and buried in that Parioch in the week preceding; with the day and year of every such Christening, Wedding, and Burial. And every year once, within one month after the first day of januarie, transmit unto the Bishop of the Diocese, a true Copy of the names of all persons Christened, married, and buried, the year before within his Parochin; with the days and months of every such Christening, Marriage, & Burial, subscribed with his hand: to the end the same may be preserved in the Bishop's Register. Wherein if he shall be found negligent, he shall be called, and censured, for the contempt of this necessary Constitution. CHAP. XIV. Of public Fasts. NOne in holy Orders shall without the Licence and direction of his Ordinary, appount or keep any solemn Fasts, or be present thereat of purpose; under the pain of Suspension, or other punishment, which the Bishop shall think fit to inflict. 2. Neither shall it be lawful to keep, or indict, any FAST upon SUNDAYS; but only upon Weeke-dayes; and such as shall be apppointed by HIS MAJESTY. CHAP. XV. Of decency in Apparel, enjoined to persons Ecclesiastical. THE CHURCH of CHRIST being ever desirous that Her Clergy should be had in outward reverence, and regard, for the worthiness of their Calling, did think it fit, to have them known to the people, by a prescribed and decent form of Apparel: whose judgement we following, do ordain, That all Arch-Bishops, Bishops, Deans, Masters of Colleges, Doctors in Divinity, Presbyters, Deacons, Masters of Arts, and Bachelors of what Faculty soever, shall use Apparel beseeming their Degrees, and abstain from all light and new-fangled Garments; either in colour, or fashion, no ways beseeming the gravity of their persons and Places. CHAP. XVI. Of things pertaining to the Church. IN every Church, there shall be provided, at the charge of the Parochin, a Bible, of the largest volume, with the Book of Common Prayer, and Psalms newly authorised. The BIBLE shall be of the Translation of King JAMES. And if any Parochin be unprovided thereof, the same shall be amended within two months, at most, after the publication of this Constitution. 2. For ministering the Sacrament of BAPTISM, a Font shall be prepared, and placed somewhat near the entire of the Church, as ancientlie it used to be; with a Gloath of fine Linen, which shall likewise be kept to that use allanerlie. 3. In like manner, a comely and decent Table, for celebrating the holy COMMUNION, shall be placed at the upper end of the Chancel, or Church; which in time of Divine Service shall be covered with a Carpet of decent Stuffe; and at the time of Ministration, with a white linen cloth. 4. Basins, Cups, or Chalices, of some pure Mettle, shall also be provided, to be set upon the Communion Table; and reserved to that only use. 5. A Pulpit likewise, decent and comely, must be provided, and placed in a convenient part of the Church, for Preaching the Word of GOD. And if any question arise, for placing the same, it shall be determined by the Bishop of the Diocese. 6. A Chest for Alms shall also be provided, strong and sure; with a hole in the upper part thereof; having three Keys: one of which shall be kept by the Presbyter, and the other two put into the custody of two Churchwardens. The Chest shall be set and fastened in the most convenient place; to the intent the Parochiners may put in their Alms; where-unto the Presbyter shall exhort the people at all occasions; but especially at the making of their Wills and Testaments. This Alms the Keepers of the Keys shall either yearly, quarterlie, or oftener, as need requireth, take out of the Chest, and distribute, in the presence of six chief Men of the Parish, to the most poor within the same. 7. All these things aforesaid being furnished, and provided, at the Charge of the Parochin, shall be carefully preserved by the Minister, and Churchwardens. The Churchman serving at the Church, is to see that it be repared sufficiently: The Windows well glassed, the Roof well covered, and the Floor paved, and kept even and plain; and all things ordered there-in in such sort, as best beseemeth THE HOUSE OF GOD. 8. The like care shall be taken, that the Churchyards be well fenced, and maintained; and that neither Church, nor Churchyard, be profaned with Plays, Feasts, Banquets, Temporal Courts, Markets, Musters, or the like. 9 That all things abovesayde appertaining to CHURCHES, may be kept in good order, and frame, the Archdeacon shall visit every year once, videlicet, about Michaelmas; and the Bishop every three years once. The Archbishop also may METROPOLITICALLIE visit all the DIOCESES within his Province; so that it be but once in his lyfe-tyme; and that at such times, as the Ordinaries shall think most convenient, for the good of the CHURCH: And shall either of themselves rectify such abuses as they find, or call for aid from the HIGH COMMISSION, if any Man or Fault seem too strong for them. CHAP. XVII. Of Tithes and Lands, dedicated to CHURCHES. Forasmuch as the Goods of the Church, of whatsoever sort, are not committed to the disposing of persons Ecclesiastical, but only to their dispensing; IT shall be lawful to any Archbishop, Bishop, Parson, Vicar, or any Churchman, to set, alienate, or put away from the Church, and present use thereof, his Benefice, Church-Rent, or any part of the same, to any person, or persons; whether Wife or Child, Friend or Stranger, mediatelie or immediately. And who shall be proved to do the contrary, shall either be compelled to restore the same, or be deposed from his Office, Benefice, and Living. 2. It is against all reason, that Ecclesiastical Livinges, should go after the manner of Earthly Inheritances; or that the Incumbentes should exhaust the same, by setting Leasses, which are not to run out for a long time after their death; to the hurt and prejudice of their Successoures': THEREFORE IT IS ordained, That no Churchman shall set any part of his Living and Rent, longer than his own lyfe-tyme; under the pain of Deprivation, and Degradation. 3. And because it falleth out often, that Churchmen, at the expyring of Leasses, and other Rights, made before their time, do renew the same, for a little and ridiculous augmentation of the yearly Duty; IT IS ordained, That no Churchman, from henceforth, shall set any Lease, or make any Right of his Benefice and Living, but for a reasonable Duty, answerable in proportion to that which is set. And if he take any Grassume, or Entry therefore, to the hurt and prejudice of the Church, the same shall be employed to the profit of the Church, and Successor; as he will answer it before his Ordinary. 4. No Bishop, or Presbyter, shall appropriate to his private use, any part of the Lands and Goods pertaining to the Church, or doted to pious and holy Uses. And if they do in the contrary, their Heirs, and Executors, shall be holden to restore the same. And for eschewing such Questions, and freeing of the deceased Churchman from Scandal, IT IS thought expedient, That the Things belonging to the Church, be known, and discerned from the things appertaining in property to the Bishop and Presbyter: Lest after their death, things Ecclesiastical, be converted to private uses; or things belonging to themselves in property, be taken for things Ecclesiastical. 5. Things dedicated to Holy and Religious Uses, and such other things as are offered willingly, or by Latter-Will left to any pious Use, shall be carefully looked unto by the Bishop and Presbyter, that they be not lost, nor converted to any other use. And if any man shall fraudfullie detain things offered, or left by Latter-Will to the Poor, or any pious Use, he shall be suspended from all benefits of the Church, as a Murderer of the Poor, and irreligious crosser of the good intentions of People. 6. If any Presbyter shall withhold, detain, or destroy, or deliver into the hands of Competitors, any Writing, or Instrument whatsoever, where-by the Donation of Ecclesiastical Goods, or their Right, or Possession, may be instructed, or in the pursuit of acquyring them, shall privately transact with the party, without the knowledge and consent of the ORDINARY, to the hurt and prejudice of the CHURCH, in any sort, he shall refound the losses, which came by his deed, and be deposed from his Function. 7. For the greater encowragement of people, to the works of Piety, and Charity, If any Bishop, or Churchman, shall depart this life, leaving no Children, nor Successor of himself, he shall leave his Goods, or a great part of them, to the CHURCH, and holy Uses. Or if he have Children, for whom he must provide; yet according to his ability, he shall leave some Testimony of his love to the CHURCH, and advancement of RELIGION. 8. If any out of a devout mind, have dedicated any part of his Substance to the CHURCH, & either he or his Children fall thereafter into poverty, they shall be supported by the CHURCH, unto the which they have been beneficial, according to the Means received from them. 9 Whereas some have taken too great liberty, in altering the Latter-will of those who have mortified any thing to the use of Churches, Colleges, Schools, or Hospitals, which breedeth no small offence, and is a great stay to many well-affected people, from founding or making any such Dotations; IT IS ORDAINED, That hereafter there shall be no alteration made of the Benefactors Will: but that the same shall stand firm, and be preserved to the use for which it was first apppointed. 10. Every Archbishop, and Bishop, shall in their several Dioceses, procure a true Note of all the Gleabes, Lands, Meadows, Orchards, Houses, Implementes, and portion of Tithes, belonging to any CHURCH; and take care, that the same may be preserved in their Registers, for a perpetual memory. CHAP. XVIII. Of Censures Ecclesiastical. NO ECCLESIASTICAL JUDICATORIE, shall meddle with any thing, but that which without all controversy is known to belong thereunto, as Heresy, Schism, Swearing, Not-resorting to the Church on Sundays, and other solemn Days, approved by the Church, Non-Communicantes, Disturbers of Divine Service, Committers of Whoredom, Adulderie, Incest, Common Drunkenness, and all other things whatsoever, which ought to be censured by Laws Ecclesiastical. And such as are tried, and found notorious Offenders, in any of these ways, or the like, shall not be admitted to the Communion, till they have satisfied the Church, according to the Order apppointed. 2. The Censure of EXCOMMUNICATION, being the highest Censure which the Church can inflict, may not be summarie, not ordinarily used; but after lawful Citation, and due Admonitions preceding. 3. Neither shall any Presbyter pronounce the Sentence of EXCOMMUNICATION, till he have shown the Process to the ORDINARY, and obtained His Approbation under His Hand. 4. The names of persons excommunicated, shall be delivered to the ORDINARY: and no Satisfaction received, nor Absolution given, till He have allowed the same. 5. Intimation of the Sentence pronounced, shall be made in all the Churches adjacent; to the end no person may pretend ignorance thereof. And if any shall after intimation, resort to, or converse with any who is excommunicate, (those excepted who are by natural duty bound to attend them, or who are licenced by the Bishop) they shall incur the same Censure, and be excommunicated themselves. 6. If any person be excommunicated in one Diocese, he shall not be absolved in another, without lawful Warrant from the BISHOP, who caused pronounce the Sentence. And the Contraveaner shall be suspended from his Function, and the Absolution null; until he who is excommunicated have performed his Satisfaction, in the place where he was sentenced. 7. No Presbyter shall alter the received form of public Satisfaction, or make commutation thereof, by paying pecuniall sums; under the pain of Suspension. And for the pecuniall sum exacted off the delinquent, the same shall be employed to the relief of the Poor, and Strangers, and other pious Uses; by the advyse of the PRESBYTER, and Churchwardens. 8. All Ecclesiastical judges, shall have care, to make their Proceed formal; and not deny the Extract of their Acts, and Processes, to such as are interessed there-in. 9 Albeit SACRAMENTAL CONFESSION and ABSOLUTION, have been in some places very much abused; Yet, if any of the people be grieved in mind, for any delict, or offence committed, and, for the unburthening of his Conscience, confess the same to the BISHOP, or PRESBYTER, they shall, as they are bound, minister to the person so confessing, all Spiritual Consolations, out of the WORD of GOD; and shall not deny him the Benefit of Absolution, after the manner which is prescrybed in THE VISITATION OF THE SICK; if the party show himself truly penitent, and humbly desire to be absolved. And he shall not make known, nor reveal what hath been opened to him in Confession at any time, or to any person whatsoever, except the crime be such, as by the Laws of the Realm his own life may be called in question, for concealing the same. 10. Sentence of DEPRIVATION, or DEPOSITION of a PRESBYTER, shall not be pronounced by any other, but the ARCHBISHOP, or BISHOP of the Diocese▪ in the presence of three or four grave PRESBYTERS, called thereunto by the BISHOP. 11. If any person in holy Orders, lawfully suspended, or deposed, shall presume to exerce any Ecclesiastical Function, during the time of his Suspension, or after he is degraded, let him be excommunicated, and delivered to THE LAY POWER, as incorrigible. 12. If any man shall find himself injured by his METROPOLITAN, let him appeal to Delegates, or immediately to the KING. 13. If any BISHOP shall give Ordination to one notoriously ignorant, or scandalous, he shall be suspended from the power of Ordination for a year, and the person ordained, deprived. 14. If any BISHOP shall give Ordination to a Man that is not of his own Diocese, concerning whom he hath not received Letters Dimissorie from his own BISHOP, let the BISHOP be suspended for a year, and the Ordained punished, as the ARCHBISHOP shall think fit. 15. And since the residence of Bishops within their Dioceses, is no less necessary, than is the residence of Presbyters within their Parochins; Who-so-ever shall remain forth thereof, for the space of six months together, unless he be employed by the KING, or by the CHURCH, for the first fault let him be suspended from the Profits of his Bishopric, for a whole year; the second time, for two whole years: and for the third fault, deprived of his Bishopric. 16. In like manner, If he do not hold his Visitations duly, and redress such Abuses as are presented unto him, so far as he is able, or be negligent in conventing Heretics of all sorts; so far at least as he is tied by Law, let him be suspended a year from his BISHOPRIC, toties quoties, he shall be found to offend. 17. If any Archbishop, or Bishop, shall directly, or indirectly, be proved to take Fee or Money; for admitting any into Sacred Orders, let him be deprived, as a Simoniacke, in the highest degree, and declared, Not worthy of any Charge in the CHURCH. CHAP. XIX. Of Commissaries, and their Courts. NO man hereafter shall be admitted Commissary, or Official, to exercise any Spiritual jurisdiction, except he be of age XXX years at least; and one who is Master of Arts, or Bachelor of Laws, & well skilled in them; as likewise well-affected in Religion, of good and exemplary life, and obedient to the Orders of the CHURCH. 2. The Commissary so admitted, shall answer for the Procurators in Court; and not suffer them to purloin Causes, or wrong the Clients, in any sort. Nor shall he admit ●●ie to procure, who are ignorant, or unexpert in the Laws of the Country, and Church. 3. He shall content himself, and not suffer Clerk, Fiscall, or other members of Court, to exceed the rates of Fees allowed: And, to that effect, shall place a Table of them in the usual place of the Consistory, where the Court is kept; that every man whom it concerneth, may take a copy thereof. And if he or they shall be tried to receive above that which is allowed, the person so offending, shall for his first fault be suspended from his Office a whole year; for the second, two years; and for the third, lose his Office. 4. It shall not be lawful to any Archbishop, or Bishop, to place or app●●● a Commissary within his Diocese, or any part thereof, unless he reside, and attend the Service. And if upon any necessary occasion, he be withdrawn for a time, the Deputy shall be placed, with the Archbishop's or Bishop's consent: and not otherwise. Lastly: In all this Book of Canons, where-so-ever there is no Penalty expresslie set down, it is to be understood, That (so the Crime or Offence be proved) the Punishment shall be arbitrarie, as the ORDINARY shall think fittest. FINIS. ABERDENE, Imprinted by EDWARD RABAN, dwelling upon the Marketplace, at the Town's Arms, 1636. With Royal Authority.