Part 38
6. _Of the Privilege of the University._--We desire that innocency should defend us rather than privilege, and we think that each person of the University should be answerable, before the Provost and Bailies of each town where the Universities are, for all crimes whereof they are accused, only that the Rector be Assessor to them in the said actions. In civil matters, if the question on both sides be betwixt members of the University, making their residence and exercitation therein for the time, the party called shall not be obliged to answer, otherwise than before the Rector and his Assessors. In all other cases of civil pursuit, the general rule of the Law shall be observed, _Actor sequitur forum rei_, etc.
The Rector and all inferior members of the University shall be exempted from all taxations, imposts, charges of war, or any other charge that may onerate or abstract him or them from the duties of their office--such as Tutory, Curatory, Deaconry, or any suchlike, that are established, or hereafter shall be established in our Commonwealth. In this manner, without trouble, this one may wait upon the upbringing of the youth in learning, that other bestow his time only in that most necessary exercition.[259]
[259] Bodily exercise; military exercise.--_Jamieson._
All other things, touching the books to be read in each class and all such particular affairs, we refer to the discretion of the Masters, Principals, and Regents, with their well advised Councils; not doubting but that, if God shall grant quietness and give your wisdoms grace to set forward letters in the sort prescribed, ye shall leave wisdom and learning to your posterity, a treasure more to be esteemed than any earthly treasure ye are able to provide for them. These, without wisdom, are more able to be their ruin and confusion, than help or comfort. And as this is most true, we leave it with the rest of the commodities to be weighed by your honours' wisdom, and set forward by your authority for the most high advancement of this Commonwealth, committed to your charge.
VIII. Of the Rents and Patrimony of the Kirk.
The ministers and the poor, together with the schools, when order shall be taken thereanent, must be sustained upon the charges of the Church. Provision must therefore be made, how and from whom the necessary sums must be lifted. But, before we enter upon this head, we must crave of your honours, in the name of the Eternal God and of His Son, Christ Jesus, that ye have respect to your poor brethren, the labourers and manurers of the ground. These have been so oppressed by these cruel beasts, the Papists, that their lives have been dolorous and bitter. If ye will have God author and approver of your reformation, ye must not follow their footsteps. Ye must have compassion upon your brethren, appointing them to pay reasonable teinds, that they may feel some benefit of Christ Jesus, now preached unto them.
With grief of heart we hear that some gentlemen are now as cruel over their tenants as ever were the Papists, requiring of them whatsoever before they paid to the Church; so that the papistical tyranny is only like to be changed to the tyranny of the lord or of the laird. We dare not flatter your honours, neither yet is it profitable for you that so we do: if you permit such cruelty to be used, neither shall ye, who by your authority ought to gainstand such oppression, nor shall they that use the same, escape God's heavy and fearful judgments. The gentlemen, barons, earls, lords, and others, must be content to live upon their just rents, and suffer the Church to be restored to her liberty, that, in her restitution, the poor, who heretofore by the cruel Papists have been spoiled and oppressed, may now receive some comfort and relaxation.[260]
[260] Concluded by the Lords: that these teinds and other exactions be clean discharged, and never be taken in time coming, such as the Uppermost Cloth, the Corps-present, the Clerk-mail, the Easter offerings, Teind Ale, and all handlings Upaland can neither be required nor received of godly conscience. (_Additio._)
Nor do we judge it to proceed from justice that one man shall possess the teinds of another; but we think it a thing most reasonable that every man have the use of his own teinds, provided that he be answerable to the deacons and treasurers of the Church for that which justly shall be appointed unto him. We require deacons and treasurers to receive the rents rather than the ministers themselves; because not only the ministers, but also the poor and schools must be sustained from the teinds. We think it most expedient, therefore, that common treasurers, to wit, the deacons, be appointed from year to year, to receive the whole rents appertaining to the Church; and that commandment be given that no man be permitted either to receive, or yet to intromit with anything appertaining to the sustentation of the persons foresaid, but such as by common consent of the Church are thereto appointed.
If any think this prejudicial to the tacks and assedations[261] of those that now possess the teinds, let them understand that an unjust possession is no possession before God. Those of whom they received their title and presupposed right were and are thieves and murderers, and had no power so to alienate the patrimony and common good of the Church. And yet we are not so extreme, but that we wish just recompense to be made to such as have disbursed sums of money to those unjust possessors, so that it has not been so disbursed of late days to the prejudice of the Church. Such alienations as are found and known to be made by plain collusion ought in nowise to be sustained by you. For that purpose, we think it most expedient that whosoever have assedation of teinds or churches be openly warned to produce their assedation and assurance, that, cognition[262] being taken, the just tacksman may have a just and reasonable recompense for the years that are to run, the profit of the years passed being considered and deducted; and that the unjust and surmised may be served accordingly. Thus the Church, in the end, may recover her liberty and freedom, and that only for relief of the poor.
[261] Leases.
[262] Evidence.
Your honours may easily understand that we speak not now for ourselves, but in favour of the poor and the labourers defrauded and oppressed by the priests and by their confederate pensioners. For, while the priests' pensioner's idle belly has been delicately fed, the poor, to whom a portion of that appertains, have pined with hunger. Moreover, the true labourers were compelled to pay that which they ought not: for the labourer is neither debtor to the dumb dog called the bishop, nor yet unto his hired pensioner; but is debtor only unto the Church. And the Church is only bound to sustain and nourish at her charges the persons before mentioned, to wit, the ministers of the Word, the poor, and the teachers of the youth.
But now to return to the former head. The sums able to sustain these forenamed persons, and to furnish all things appertaining to the preservation of good order and policy within the Church, must be lifted from the teinds, to wit, the teind sheaf, teind hay, teind hemp, teind lint, teind fishes, teind calf, teind foal, teind lamb, teind wool, teind cheese, etc. And, because that we know that the tithes reasonably taken, as is before expressed, will not suffice to discharge the former necessity, we think that all things doted to hospitality, all annual rents, both in burgh and land, pertaining to Priests, Chantery,[263] Colleges, Chaplainries, and to Friars of all orders, to the Sisters of the Sciennes, and to all others of that order, and such others within this realm, should be received still to the use of the church or churches within the towns or parishes where they were doted. Furthermore, there should be appropriated for the upholding of the Universities and sustentation of the Superintendents, the whole revenue of the temporality of the Bishops', Deans', and Archdeacons' lands, and all rents of lands pertaining to the Cathedral churches whatsoever. Besides, merchants and rich craftsmen in free burghs, who have nothing to do with the manuring of the ground, must make some provision in their cities, towns, or dwelling-places to support the need of the Church.
[263] Chanters were laics endowed with ecclesiastical benefices.
To the ministers, and failing these the Readers, must be restored their manses and their glebes; otherwise they cannot serve their flock at all times as their duty is. If any glebe exceed six acres of land, the rest shall remain in the possessor's hands until order be taken therein.[264]
[264] The Lords condescend that the manse and yards be restored to the ministers. And all the Lords consent that the ministers have six acres of land, except Marischall, Morton, Glencairn, and Cassillis, where manses are of great quantity. (_Additio._)
The receivers and collectors of these rents and duties must be the deacons or treasurers appointed from year to year in every church, by common consent and free election of the church. The deacons may distribute no part of that which is collected, but by commandment of the ministers and elders; and they may command nothing to be delivered, but as the Church before hath determined; and the deacons shall pay the sums, either quarterly, or from half year to half year, to the ministers which the Kirk hath appointed. The same they shall do to the schoolmasters, readers, and hospitals, if any be, always receiving acquittances for their discharge.
If any extraordinary sums fall to be delivered, then must the ministers, elders, and deacons consult whether the deliverance of these sums doth stand with the common utility of the Church or not; and if they do universally agree and condescend either upon the affirmative or the negative, then, because they are in credit and office for the year, they may do as best seemeth unto them. But if there be controversy amongst themselves, the whole Church must be made privy; and after the matter has been exponed and the reasons heard, the judgment of the Church, with the ministers' consent, shall prevail.
The deacons shall be bound and compelled to make accounts to the ministers and elders of that which they have received, as oft as the policy shall appoint; and the elders when they are changed, which must be every year, must clear their accounts before such auditors as the Church shall appoint. When the deacons and elders are changed, they shall deliver to them that shall then be elected, all sums of money, corns, and other profits remaining in their hands. The tickets for these must be delivered to the Superintendents in their visitation, and by them to the great Council of the Church, that the abundance as well as the indigence of every church may be evidently known, and that a reasonable equality may be had throughout the whole realm. If this order be precisely kept, corruption cannot suddenly enter. The free and yearly election of deacons and elders will not suffer any one to usurp a perpetual dominion over the Church; the knowledge of the rental shall suffice them to receive no more than whereof they shall be bound to make accounts; and the deliverance of the money to the new officers shall not suffer private men to use in their private business that which appertaineth to the public affairs of the Church.
IX. Of Ecclesiastical Discipline.
1. As no commonwealth can flourish or long endure without good laws, and sharp execution of the same; so neither can the Church of God be brought to purity, nor be retained in the same, without the order of Ecclesiastical Discipline. This is required for reproving and correcting these faults which the civil sword doth either neglect or may not punish. Blasphemy, adultery, murder, perjury, and other capital crimes, worthy of death ought not properly to fall under censure of the Church; because all such open transgressors of God's laws ought to be taken away by the civil sword. But drunkenness, excess (be it in apparel, or be it in eating and drinking), fornication, oppression of the poor by exactions, deceiving of them in buying or selling by wrong mete or measure, wanton words and licentious living tending to slander, do properly appertain to the Church of God, to punish as God's Word commandeth.
But, because this accursed Papistry hath brought such confusion into the world that neither was virtue rightly praised nor vice severely punished, the Church of God is compelled to draw the sword, which of God she has received, against such open and manifest offenders, cursing and excommunicating all such (as well those whom the civil sword ought to punish as the others) from all participation with her in prayers and Sacraments, until open repentance manifestly appear in them. As the order of Excommunication and proceeding to the same ought to be grave and slow, so, being once pronounced against any person of what estate and condition that ever he be, it must be kept with all severity. For laws made and not kept engender contempt of virtue, and bring in confusion and liberty to sin. Therefore we think this order expedient to be observed before and after excommunication.
If the offence be secret and known to few, and rather stands in suspicion than in manifest proof, the offender ought to be privately admonished to abstain from all appearance of evil. If he promises to do this, and to declare himself sober, honest, and one that feareth God, and feareth to offend his brethren, then may the secret admonition suffice for his correction. But if he either contemns the admonition, or, after promise made, do show himself no more circumspect than he was before, then must the minister admonish him; to whom if he be found inobedient, the Church must proceed according to the rule of Christ, as after shall be declared.
If the crime be public and such as is heinous, as fornication, drunkenness, fighting, common swearing, or execration, then ought the offender to be called into the presence of the minister, elders, deacons, where his sin and offence ought to be declared and aggravated,[265] so that his conscience may feel how far he hath offended God, and what slander he hath raised in the Church. If signs of unfeigned repentance appear in him, and if he require to be admitted to public repentance, the ministry may appoint unto him a day when the whole Church conveneth together, that, in presence of all, he may testify the repentance which before them he professed. If he accept, and with reverence make testimony, confessing his sin, condemning the same, and earnestly desiring the congregation to pray to God with him for mercy, and to accept him into their society, notwithstanding his former offence, the Church may and ought to receive him as a penitent. For the Church ought to be no more severe than God declareth Himself to be, who witnesseth that, in whatsoever hour a sinner unfeignedly repenteth, and turns from his wicked way, He will not remember one of his iniquities; and the Church ought diligently to avoid excommunicating those whom God absolveth.
[265] Their enormity emphasised.
If the offender, called before the ministry, be found stubborn, hard-hearted, or one in whom no sign of repentance appeareth, then must he be dismissed with an exhortation to consider the dangerous estate in which he stands; with the assurance that, if the ministry find in him no other token of amendment of life, they will be compelled to seek a further remedy. If he within a certain space show his repentance, they must present him to the Church as before is said.
But if he continue in his impenitence, then must the Church be admonished that such crimes are committed amongst them, and that these have been reprehended by the ministry, and the persons provoked to repent; also, because no sign of repentance appeareth unto them, that they could not but signify unto the Church the crimes, but not the person, requiring them earnestly to call to God to move and touch the heart of the offender, so that suddenly and earnestly he may repent.
If the person malign, then, on the next day of public assembly, the crime and the person must be both notified unto the Church, and their judgment must be required, if that such crimes ought to be suffered unpunished amongst them. Request also would be made to the most discreet and to the nearest friends of the offender to travail with him to bring him to knowledge of himself, and of his dangerous estate, and a commandment be given to all men to call to God for the conversion of the impenitent. If a solemn and a special prayer were made and drawn for that purpose, the thing should be the more gravely done.
On the third Sunday, the minister ought to inquire if the impenitent have declared any signs of repentance to any of the ministry. If he hath, the minister may appoint him to be examined by the whole ministry; either then, instantly, or at another day affixed to the consistory.[266] Should the guilty person's repentance appear, as well of the crime as of his long contempt, then may he be presented to the Church, and make his confession, and be accepted as before is said. But if no man bear witness to his repentance, then ought he to be excommunicated; and, by the mouth of the minister, consent of the ministry, and commandment of the Church, such a contemner must be pronounced excommunicate from God and from the society of His Church.
[266] Appointed diet of the Church Court.
After this sentence no person, his wife and family only excepted, may have any kind of conversation with him who is excommunicate; be it in eating and drinking, buying or selling, yea, in saluting or talking with him, except that it be at the commandment or with licence of the ministry, for his conversion; that he by such means confounded, seeing himself abhorred by the faithful and godly, may have occasion to repent and so be saved. The sentence of his excommunication must be published universally throughout the realm, lest any man should pretend ignorance.
His children, begotten or born after that sentence and before his repentance, may not be admitted to baptism until either they be of age to require the same, or else the mother, or some of his especial friends, members of the Church, offer and present the child, abhorring and condemning the iniquity and obstinate contempt of the impenitent. If any think it severe that the child should be punished for the iniquity of the father, let them understand that the Sacraments appertain only to the faithful and to their seed. Such as stubbornly contemn all godly admonition and obstinately remain to their iniquity cannot be accounted amongst the faithful.
2. _The Order for Public Offenders._--We have spoken nothing of those that commit horrible crimes, as murderers, man-slayers, and adulterers; for such, as we have said, the civil sword ought to punish to death. But, if they be permitted to live, the Church must, as before is said, draw the sword which of God she hath received, holding them as accursed even in their very act. The offender in each case must be called and order of the Church used against him, in the same manner as the persons that for obstinate impenitence are publicly excommunicate. The obstinate impenitent after the sentence of excommunication, and the murderer or adulterer, stand in one case as concerning the judgment of the Church; that is, neither may be received in the fellowship of the Church to prayers or sacraments (but to hearing of the Word they may be admitted) until first they offer themselves to the ministry, humbly requiring the ministers and elders to pray to God for them, and also to be intercessors to the Church that they may be admitted to public repentance, and so to the fruition of the benefits of Christ Jesus, distributed to the members of His body.
If this request be humbly made, then may not the ministers refuse to signify the same unto the Church on the next day of public preaching, the minister giving exhortation to the Church to pray to God to perform the work which He appears to have begun, working in the heart of the offender unfeigned repentance of his grievous crime, and the sense and feeling of His great mercy, by the operation of His Holy Spirit. Thereafter, a day ought publicly to be assigned unto him to give open confession of his offence and contempt, and so to make a public satisfaction to the Church of God. On that day the offender must appear in presence of the whole Church, and with his own mouth condemn his own impiety, publicly confessing the same; desiring God of His grace and mercy, and His congregation, that it will please them to accept him into their society, as before is said. The minister must examine diligently whether he find in the offender a hatred and displeasure of his sin, as well of his crime as of his contempt; and if he confess this, he must travail with him, to see what hope he hath of God's mercy.
If the minister find the offender reasonably instructed in the knowledge of Christ Jesus, in the virtue of His death, he may comfort him with God's infallible promises, and demand of the Church if they be content to receive in the society of their body that creature of God, whom Satan before hath drawn into his nets, seeing that he declares himself penitent. If the Church grant this, and they may not justly deny the same, then ought the minister in public prayer to commend him to God, and confess the sin of that offender and of the whole Church, desiring mercy and grace for Christ Jesus' sake. This prayer being ended, the minister ought to exhort the Church to receive that penitent brother into their favour, as they require God to receive themselves when they have offended. In sign of their consent, the elders and chief men of the Church shall take the penitent by the hand, and one or two, in name of the whole, shall kiss and embrace him with all reverence and gravity, as a member of Christ Jesus.
When these things have been done, the minister shall exhort the reconciled to take diligent heed in times coming, that Satan entrap him not into such crimes, admonishing him that he will not cease to tempt and try by all means possible to bring him from that obedience which he hath given to God, and to the ordinance of His Son Christ Jesus. The exhortation being ended, the minister ought to give public thanks unto God for the conversion of that brother, and for the benefits which we receive by Jesus Christ, praying for the increase and continuance of the same.
If the penitent, after he have offered himself to the ministry or to the Church, be found ignorant in the principal points of our religion, and chiefly in the article of Justification and of the office of Christ Jesus, he ought to be exactly instructed before he be received. For it is a mocking of God to receive into repentance those who know not wherein stands their remedy when they repent their sin.
3. _Persons subject to Discipline._--To discipline must all estates within this realm be subject, if they offend; the rulers as well as they that are ruled; yea, and the preachers themselves, as well as the poorest within the Church. And because the eye and the mouth of the Church ought to be most single and irreprehensible, the life and conversation of the ministers ought most diligently to be tried. Of this we shall speak after we have spoken of the election of elders and deacons, who must assist the ministers in all public affairs of the Church, etc.
X. Touching the Election of Elders and Deacons, etc.