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CODE OF CANONS,

&c.

CANON I.

FOR PRESERVING THE EPISCOPAL SUCCESSION.

TH

HE Episcopal Church in Scotland inviolably retaining in the sacred Ministry, the three Orders of Bishops, Priests, and Deacons, as of Divine Institution, requires, according to the Apostolic Canon, that a Bishop be ordained by two or three Bishops, not fewer than three in all ordinary cases; and Priests and Deacons, by one Bishop; the right of Ordination belonging to the Order of Bishops only: And it is hereby decreed, that no Person shall be consecrated a Bishop of the Episcopal Church in Scotland, without the consent and approbation of the majority of the Bishops; and that, if any three, or more Bishops, not being a Majority, shall take upon them, without such consent, to consecrate any Person to that Office, both the Consecrators, and the Person so consecrated, shall be holden as Schismatics.

CANON II.

REGULATING THE ELECTION AND OFFICE OF THE

PRIMUS.

BEFORE the Distinction of Archbishop was

introduced into Scotland, one of the Bishops had a precedency under the title of Primus Scotia Episcopus; and the Episcopal College having for a century past adopted the old form, it is hereby ordered, that the Bishops shall, without respect either to seniority of Consecration, or precedency of District, choose a Primus by majority of voices, who shall have no other pri

vilege among the Bishops, but the right of convocating and presiding; and that expressly under the following restrictions: 1st, That he shall always be obliged to notify to the other Bishops the reasons of his calling a Meeting, as well as the time and place for holding it; and if the majority shall dissent, as judging either the reasons insufficient, or the time and place improper, the proposal of such Meeting shall be either wholly set aside, or the time and place altered, as shall seem to them most expedient. 2dly, That if the Primus shall at any time refuse to call a Meeting, when desired by a majority of the other Bishops, they shall in that case have power to meet, and act synodically without him: And, 3dly, The Primus thus chosen by the majority, is to continue in that office only during their pleasure. That the Church, however, may suffer as little inconvenience as possible, by the death or resignation of the Primus, the senior Bishop shall instantly succeed to his powers, until a majority of the Bishops shall appoint one to the office, by a formal Deed of Election.

CANON III.

FOR PROVIDING VACANT DISTRICTS WITH LULY ELECTED BISHOPS; AND REGULATING THE CONDUCT OF THE PRESBYTERS IN SUCH DISTRICTS.

UPON the demise, or translation of any Bi

shop, the Presbyters of the District thereby become vacant, shall not be at freedom either to elect or submit themselves to another Bishop, without a mandate from the Primus, and

from

from a majority of the Bishops, or from such a majority without the Primus, if he shall refuse to grant a mandate; and as every Bishop is hereby required to appoint one of his Presbyters to officiate under him as his Dean: the Dean thus appointed shall notify the death of his Bishop, to the Primus, applying also for a Mandate to elect a successor, within four months at farthest after the vacancy happens. And if the Presbyters of any District shall think proper to elect a person already vested with the Episcopal character, the Bishop so elected shall have no jurisdiction over that District, until his Election be confirmed by a Deed of Collation from the majority of the Bishops: But, if they shall elect a Presbyter, of whose fitness for that purpose, the Bishops shall declare they have sufficient reasons not to be satisfied, in that case the Presbyters shall be required by the Bishops to proceed to a new Election: And during the vacancy of any district, the Presbyters thereof shall apply to the Bishop who shall have his place of residence nearest to them, for the performance of Episcopal offices amongst them : and no other Bishop shall take upon him to perform any such offices within that District, without the consent of the nearest residing Bishop: And if any case relating to discipline shall occur, for which the Presbyters may find no particular provision made by the Canons of this Church, they shall have recourse to the Primus, who, with the advice and consent of his Colleagues, shall determine the same.

CANON IV.

REGULATING THE JURISDICTION OF THE BISHOPS IN A PARTICULAR CASE.

A$ S in the present state of this Church, it frequently happens that a Bishop has his Chapel and Residence within the District of another Bishop; in that case, those who belong to his Congregation, together with the Presbyters, or Deacons, joined with him, as his assistants in officiating therein, shall be as much under his jurisdiction, as if they were within the bounds of his own District; and shall be exempt from the jurisdiction of that Bishop, within the bounds of whose District they are: And the Bishop,

in whose district they are, shall, by a subscribed Deed, agree to this Regulation.

CANON V.

FOR HOLDING AND REGULATING THE BUSINESS OF ECCLESIASTICAL SYNODS.

HEREAS hitherto the Constitution of this Church has been such, that a Synod called for the purpose even of enacting a body of laws or canons, has consisted of the Bishops only, aided by the advice of the Deans only, who sat with them in the same chamber: And whereas this practice appears inexpedient in the present circumstances of the Church, it is hereby enacted, that henceforth every Synod called for the purpose of altering the Code of Canons, shall consist of two Chambers, of which the second shall be composed of the Deans, and of the Representatives of the Clergy, one such Representative being chosen from each Diocese in which there are more than four Presbyters; and that no Law or Canon shall be enacted, or abrogated, but by the consent and with the approbation of both Chambers. For regulating the proceedings of the first Chamber, it is hereby enacted, that when any of the Bishops are disabled from being personally present at a Synod, through infirmity, or pressing inconvenience, to be notified to the Primus, and by him to the other Bishops; the absent Bishop, or Bishops, may send his, or their judgment to the Primus, signed with his, or their own hand, concerning those matters on account of which the Synod was precisely called to meet; and this shall be holden for their canonical vote. The absent Bishops may likewise propose to the Synod in writing any thing which they shall judge expedient for the good of the Church; and as to other matters which may incidentally come before the Synod, the absent Bishop or Bishops must be concluded by the majority of those that are present: But no Synod shall be holden, unless there be more Bishops present than absent; and in all questions or cases, where the Bishops shall happen to be equally divided in their opinions, in Synod, or out of Synod, that side of the question shall carry the point upon which the Primus gives his vote.

CANON

CANON VI.

ENJOINING THE STUDIES AND QUALIFICATIONS NECESSARY IN THE CANDIDATES FOR HOLY ORDERS.

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N the Canons intended for the Church of Scotland, and sanctioned by Royal Autho rity, in the year 1635, the second Chapter, entitled-" Of Presbyters and Deacons, their No“mination, Ordination, Function and Charge," is thus very properly introduced-" For as "much as the weight of the ministerial calling "doth require such a measure of sufficiency as "human weakness can attain unto, and is often

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"discredited by the ignorance, insufficiency, "and scandalous conversation of many who "undertake the same; It is ordained, that no person hereafter shall be admitted to that Holy Function, who hath not been bred in "some University or College, and hath taken some Degree there; and who shall verify the "same by the Subscriptions and Seals of the "University or College, where he received the "Degree of Learning." Now, although in the present state of this Church, it may be found expedient, in some particular instances, to dispense with the observance of part of what is here ordained; yet shall it in general be required of all Candidates for Holy Orders: and, as a regular Education, and competent knowledge of Philology, and sound Philosophy, are justly esteemed requisite to the due exercise of the Ministerial Function, it is, therefore, hereby expressly ordered, that no Person shall be admitted into Holy Orders in this Church, until he have been properly examined, as to his literature, by two or more Presbyters, appointed for that purpose by the Bishop who is to ordain him, and before whom, as his Examiners, he must deliver an account of his faith in Latin, as also a Discourse in English on any text of Scripture which they shall prescribe; and answer such questions, connected with Theology, or Ecclesiastical History, as they shall think proper to put to him: And, before his admission to examination, the Bishop must be satisfied, by sufficient Letters testimonial, (of which a form is subjoined in the Appendix, No. I.) of his good life, and conversation, as well as his good learning.

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CANON VII.

RESPECTING THE AGE, THE PRUDENCE, THE PLACE, OR CHARGE, OF PERSONS TO BE ORDAINED; AND IN WHAT CASE LETTERS DIMISSORY ARE NECESSARY.

WHEREAS the necessities of this Church

may often render it inconvenient to dedained has fully attained what has been usually fer giving Ordination, till the Person to be orcalled the Canonical Age; therefore, in any such case, the Bishop may ordain one a Deacon, if duly recommended for that purpose, when he has completed his Twenty-first year; and after serving one year in that capacity, he may be promoted to the Order of Priesthood, if the Bishop be satisfied that, during his service as a Deacon, he has conducted himself in a

prudent, and becoming manner, and has also a particular place or charge in the Church assigned to him, wherein he may use or exercise his Function; without which relation to a particular place, or congregation, no person shall be advanced to the Order of Priesthood in this Church; neither shall any of its Bishops admit any person into Holy Orders, who is not of his own Diocese, unless he shall bring Letters Dimissory from the Bishop of the Diocese wherein he resided for at least the three immediately preceding years, and a Certificate of his having, during that time, lived piously, soberly, and honestly; and diligently applied himself to his studies.

CANON VIII.

APPOINTING THE SOLEMN PERFORMANCE OF THE OFFICE OF ORDINATION, AND THE FORM TO BE USED IN MAKING, ORDAINING, AND CONSECRATING OF BISHOPS, PRIESTS, AND DEACONS.

THE welfare of the Church being most inti

mately connected with the Ordination and Function of the Clergy, the ancient Fathers, led by the example of the Apostles appointed Prayers and Fasts to be used for imploring the Divine Direction and Blessing in that behalf. Therefore the Church in Scotland, tho' obliged by necessity not to restrict her Ordinations to any particular Seasons, does yet sincerely ve

nerate

nerate the appointment of the Ember Weeks, and the Prayers to be used on these solemn occasions; hereby requiring that all her Ordinations be performed with Public Prayer, and Imposition of hands, and, (as has been practised in this Church ever since the Restoration of Charles II.) according to the "Form and manner of "making, ordaining, and consecrating of Bi"shops, Priests, and Deacons," used in the Church of England, adopting only a few necessary verbal alterations, such as saying"this Church," instead of "this Realm," or "this Church of England," and omitting the Oaths of Allegiance, and of the King's Sovereignty, the purposes of which are provided for by the immediately following Canon.

CANON IX.

SUB

REQUIRING FROM PERSONS TO BE ORDAINED
SCRIPTION OF THE THIRTY-NINE ARTICLES OF
RELIGION, AND OTHER ASSURANCES OF LOYAL-
TY AND OBEDIENCE.

WHEREAS by the Act of the Thirty

deprived by the Pope, or any authority of the
See of Rome, may be deposed or murdered by
their subjects, or any other whatsoever: And
he shall, in like manner, acknowledge, that the
King's Majesty, to whom he shall sincerely
promise to bear true allegiance, is, under God,
the only supreme Governor within his Domi-
nions; having authority to rule all Estates and
Degrees committed to his charge, Clergymen,
as well as Laymen; and that no foreign Prince,
Person, Prelate, State, or Potentate, hath, or
ought to have, any jurisdiction, power, superi-
ority, pre-eminence, or authority, Ecclesiastical
or Spiritual, within this realm: And, together
with these Acknowledgements and Declarations,
every Person at his Ordination shall promise,
(according to the Form in the Appendix, No.)
III.) to give due obedience to the Canons of
this Church; and to shew in all things an ear-
nest desire to promote the peace, unity, and
order, of that part of the Flock of Christ, in
which he shall be authorised to exercise his Mi-
nistry.

CANON X.

APPOINTING THE PROPER INSTITUTION TO A PASTO-
RAL CHARGE.

WHEREAS it has never been the practice

of this Church, nor the wish of its Bishops, to interfere, directly or indirectly, with the funds, or temporalities of any Congregation, it is therefore fully acknowledged, that the Right of Presentation to any Charge is vested in those who furnish the Pastor's support: Yet to preserve the ancient and regular Discipline of an Episcopal Community, it is hereby enacted, that no Presbyter shall take upon himself the Pastoral Charge of any Congregation, to which he may be presented, before the Deed of Pre

second of his present Majesty, entitled "An Act for granting Relief to Pastors, Mini"sters, and Lay persons of the Episcopal Com"munion in Scotland," it is enacted that every such Pastor, or Minister, shall subscribe a Declaration of his assent to the Thirty-nine Articles of the Church of England; therefore no person shall hereafter be received into the Ministry of the Episcopal Church in Scotland, until he has first subscribed (according to a Form subjoined in the Appendix, No. II.) willingly, and ex animo, to the Book of Articles of Religion agreed upon by the Archbishops and Bishops of both Provinces of the Realm of England, and the whole Clergy thereof, in the Convocation holden at London, in the year of our Lord, one thousand five hundred and sixty-sentation (of which a copy is subjoined in the two, and has acknowledged all, and every the Articles therein contained, being in number Thirty-nine, besides the Ratification, to be agreeable to the Word of God. He shall also solemnly declare before the Bishop, that he does from his heart, abhor, detest, and abjure, as impious and heretical, that damnable doctrine, and position, that Princes excommunicated, or

Appendix, No. IV.) be duly accepted by the Bishop: And no Bishop shall institute to a Pastoral Charge any Person who has been ordained by another Bishop, whether of this Church, or of the United Church of England and Ireland, except he first shew unto him his Letters of Orders, and bring a sufficient testimony of his former good life and behaviour, as well as

give

give a solemn promise of obedience to the Canons of this Church, as enjoined by the immediately preceding Canon; in which case, no Bishop shall refuse to grant Institution to a person so presented to the pastoral Charge of any Congregation, by those who are authorised to manage its affairs, whether known by the title of Church Wardens, Vestry, Managers, Proprietors, or Directors, who shall always have the entire controul and management of the Funds and Temporalities of their respective Chapels. (See a Form of Testimonial for Institution, and a Form of Institution, in the Appendix, Nos. V. and VI.)

CANON XI.

REQUIRING PRESBYTERS TO MAKE PERSONAL RESIDENCE IN THE PLACE WHERE THEIR PASTORAL CHARGE LIES, AND NOT TO BE ABSENT BUT FOR A LIMITED TIME.

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IN Chapter III. of the Scottish Canons above mentioned, entitled "Of Residence, and Preaching," it is justly observed, that "the many Inconveniences which result from the "Non-residence of Ministers, require that some "provision be made thereanent." Therefore, it is hereby ordered, that every Presbyter having a Pastoral Charge in this Church, shall reside in some place of easy and convenient access to the Members of his Congregation; and shall not at any time leave, or absent himself from his charge, for a longer space than three weeks, unless for some very urgent cause, and with the permission and consent of the Bishop of the Diocese.

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any base or servile labour; or to drinking or "riot, spending their time idly, by day or by "night, playing at dice, cards, or tables, or

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any other unlawful games unbeseeming their "sacred function; but at all times convenient they shall hear or read somewhat of the Holy Scriptures, or shall occupy themselves with some other honest study, or exercise, always

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doing the things which shall appertain to ho"nesty, and endeavouring to profit the Church "of God." To all that is here enjoined, the Clergy of this Church are therefore required carefully to attend; and they shall use not only a proper and becoming habit in the celebration of Divine Service, and other Offices of the Church, according to what the Bishops may recommend, (for which see Appendix, No. VII.) but also such a decent form of ordinary apparel, as becomes their sacred character, avoiding every appearance of fashionable levity either in Dress or Demeanour, that is inconsistent with the gravity of their profession, or which might deprive it of that respect which is due to it. For the same reason, "the ancient Ca

nons of the Church did strictly prohibit the "admitting of any to the Office of a Bishop, "Presbyter, or Deacon, who had not brought "their families to be Christian:" Whereby all Ecclesiastical Persons are taught the necessity of looking well to the order and good government of their Households; and training up their families in such a religious course, as may shew to others an encouraging pattern of piety and virtue. All which must be duly observed, under pain of the censures of the Church, to be inflicted according to the quality of the offence.

CANON XII.

REQUIRING SOBERNESS OF CONVERSATION, AND DECENCY OF APPAREL, IN ECCLESIASTICAL PERSONS, AS WELL AS A PROPER ATTENTION TO THE GOOD ORDER OF THEIR FAMILIES.

IN

N the Canons of the now United Church of England and Ireland, as well as in those intended for the Church of Scotland, it is expressly ordered, that "no Ecclesiastical Person "shall at any time, other than for their honest

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necessities, resort to any Taverns or Ale"houses; neither shall they give themselves to

CANON XIII.

POINTING OUT THE PROPER CLERICAL STUDIES, AND OTHER ASSISTANCES TO BE DERIVED FROM MEETINGS OF THE CLERGY DULY REGULATED.

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STUDIOUS Life being of great consequence to discharging aright the duties of the Clerical Office, it is hereby required that the Clergy of this Church apply themselves diligently to the study of the Holy Scriptures, in the original Languages, and the Writings of the Fathers of the Apostolical, and two next suc

ceeding

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