Part 40

To return to our former purpose: Marriage ought not to be contracted amongst persons that have no election for lack of understanding; and therefore we affirm that bairns and infants cannot lawfully be married in their minor age, to wit, the man within fourteen years of age, and the woman within twelve years, at the least. If it chance that any have been so married and have kept their bodies always separate, we cannot judge them bound to adhere as man and wife, by reason of a promise which in God's presence was no promise at all. But if, in the years of judgment, they have embraced the one the other, then, by reason of their last consent, they have ratified that which others did promise for them in their youth.

In a Reformed Church, marriage ought not to be secretly used, but in open face and public audience of the Church. For avoidance of dangers, it is expedient that the banns be publicly proclaimed on three Sundays, unless the persons be so known that no suspicion of danger may arise, when the banns may be shortened at the discretion of the ministry. But in nowise can we admit marriage to be used secretly, however honourable the persons be. The Sunday before sermon we think most convenient for marriage, and that it be used on no other day, without the consent of the whole ministry.

Unless adultery be committed, marriage, once lawfully contracted, may not be dissolved at man's pleasure, as our master Christ Jesus doth witness. If adultery be sufficiently proven in presence of the Civil Magistrate, the innocent, upon request, ought to be pronounced free, and the offender ought to suffer death, as God hath commanded. If the civil sword foolishly spare the life of the offender, yet may not the Church be negligent in their office. This is to excommunicate the wicked, to repute them as dead members, and to pronounce the innocent party to be at freedom, be the offender never so honourable before the world. If the life be spared to the offenders, as it ought not to be, if the fruits of repentance of long time appear in them, and if they earnestly desire to be reconciled with the Church, we judge that they may be received to participation of the Sacraments, and of the other benefits of the Church, for we would not that the Church should hold those excommunicate whom God has absolved, that is, the penitent.

If any demand whether the offender, after reconciliation with the Church, may marry again, we answer, that, if they cannot live continent, and if the necessity be such as that they fear farther offence of God, we cannot forbid them to use the remedy ordained of God. If the party offended may be reconciled to the offender, then we judge that in nowise it shall be lawful to the offender to marry any other than the party that hath been offended. The solemnization of the latter marriage must be in the open face of the Church, like the former, but without proclamation of banns.

This we do offer as the best counsel that God giveth unto us in so doubtsome a case. But the most perfect reformation were, if your honours would give to God His honour and glory, that ye would prefer His express commandment to your own corrupt judgments, especially in punishing of those crimes which He commandeth to be punished with death. For so should ye declare yourselves God's true and obedient officers, and your commonwealth should be rid of innumerable troubles.

We mean not that sins committed in our former blindness, and almost buried in oblivion, shall be called again to examination and judgment. But we require that the law may now and hereafter be so established and executed that this ungodly impunity of sin have no place within this realm. For, in the fear of God, we signify unto your honours that whosoever persuadeth you that ye may pardon where God commandeth death deceiveth your souls, and provoketh you to offend God's Majesty.

XIV. Of Burial.

Burial in all ages hath been holden in estimation, to signify the faith that the same body that was committed to the earth would not utterly perish, but would rise again. And we would have the same kept within this realm, provided that superstition, idolatry, and whatsoever hath proceeded of a false opinion and for advantage's sake, be avoided. Singing of Mass, placebo, and dirge, and all other prayers over or for the dead, are not only superfluous and vain, but are idolatry, and are repugnant to the plain Scriptures of God. Plain it is that every one that dieth departeth either in the faith of Christ Jesus, or else departeth in incredulity. Plain it is that they that depart in the true faith of Christ Jesus rest from their labours, and from death do go to life everlasting, as by our Master and by His Apostle we are taught. But whosoever shall depart in unbelief or in incredulity shall never see life, but the wrath of God abideth upon him. And so we say that prayers for the dead are not only superfluous and vain, but are expressly repugnant to the manifest Scriptures and truth thereof.

To avoid all inconveniences, we judge it best that there be neither singing nor reading at the burial. Albeit things sung and read may admonish some of the living to prepare themselves for death, yet shall some superstitious and ignorant persons ever think that the singing or reading of the living does and may profit the dead. For this reason we think it most expedient that the dead be convoyed to the place of burial by some honest company of the Church, without either singing or reading; yea, without all kind of ceremony heretofore used, other than that the dead be committed to the grave, with gravity and sobriety, so that those that be present may seem to fear the judgments of God, and to hate sin, which is the cause of death.[270]

[270] And yet, notwithstanding, we are not so precise, but that we are content that particular kirks use them in that behalf, with the consent of the ministry of the same, as they will answer to God, and to the Assembly of the Universal Kirk gathered within the realm. (_Additio._)

We are not ignorant that some require a sermon at the burial, or else that some places of Scriptures be read, to put the living in mind that they are mortal, and that likewise they must die. But let those men understand that the sermons which are daily made serve for that use. If men despise these, the preaching of funeral sermons shall nourish superstition and a false opinion, as we have said, rather than bring such persons to any godly consideration of their own estate. Besides, either shall the ministers for the most part be occupied in preaching funeral sermons or else they shall have respect to persons, preaching at the burial of the rich and honourable, but keeping silence when the poor or despised departeth; and this the ministers cannot do with safe conscience. For, seeing that before God there is in respect of persons, and that their ministry appertaineth to all alike, whatsoever they do to the rich, in respect of their ministry, the same they are bound to do to the poorest under their charge.

In respect of divers inconveniences, we think it unseemly that the church appointed to preaching and ministration of the Sacraments shall be made a place of burial. Some other secret and convenient place, lying in the most free air, should be appointed for that use; and this ought to be well walled and fenced about, and kept for that use only.

XV. For Reparation of Churches.

Lest the Word of God, and ministration of the Sacraments, come into contempt by unseemliness of the place, churches and places where the people publicly convene should, with expedition, be repaired in doors, windows, thatch, and provided within with such preparations as appertain to the majesty of the Word of God as well as unto the ease and commodity of the people. We know the slothfulness of men in this behalf, and in all other which may not redound to their private commodity, and strait charge and commandment must be given that before a certain day the reparations must be begun, and that before another day, to be affixed by your honours, they be finished. Penalties and sums of money must be enjoined, and then without pardon taken from the contemners.

The reparation would be according to the possibility and number of the church. Every church must have doors, close windows of glass, thatch or slate able to withhold rain, a bell to convocate the people together, a pulpit, a basin for baptism, and tables for the ministration of the Lord's Supper. In greater churches, and where the congregation is great in number, provision must be made within the church for the quiet and commodious receiving of the people. The expenses shall be lifted partly from the people, and partly from the teinds, at the discretion of the ministry.

XVI. For Punishment of those that Profane the Sacraments and do contemn the Word of God, and dare presume to minister them, not being thereto lawfully called.

Satan hath never ceased from the beginning to draw mankind into one of two extremities. He hath sought that men should be so ravished with gazing upon the visible creatures that, forgetting why these were ordained, they should attribute unto them a virtue and power which God hath not granted unto them. Or else he hath sought that men should so contemn and despise God's blessed ordinance and holy institutions, as if neither in the right use of them were there any profit, nor yet in their profanation were there any danger. As, in this wise, Satan hath blinded the most part of mankind from the beginning; so we doubt not but that he will strive to continue in his malice even to the end. Our eyes have seen and presently do see the experience of the one and of the other. What was the opinion of the most part of men, of the Sacrament of Christ's body and blood, during the darkness of superstition, is not unknown; how it was gazed upon, kneeled unto, borne in procession, and finally worshipped and honoured as Christ Jesus Himself.

So long as Satan might retain man in that damnable idolatry, he was quiet, as one that possessed his kingdom of darkness peaceably. But since it hath pleased the mercies of God to reveal unto the unthankful world the light of His Word, and the right use and administration of His Sacraments, he essays man upon the contrary part. Where, not long ago, men stood in such admiration of that idol in the Mass that none durst presume to have said the Mass, but the foresworn shaven sort (the beasts marked men); some dare now be so bold as, without all convocation, to minister, as they suppose, the true Sacraments in open assemblies. Some idiots, also, yet more wickedly and more imprudently, dare counterfeit in their houses that which the true ministers do in the open congregation; they presume, we say, to do it in houses without reverence, without Word preached, and without minister, other than of companion to companion. This contempt proceedeth, no doubt, from the malice and craft of that serpent who first deceived man, of purpose to deface the glory of Christ's Evangel, and to bring His blessed Sacraments into a perpetual contempt.

Farther, your honours may clearly see how proudly and stubbornly the most part despise the Evangel of Christ Jesus offered unto you. Unless ye resist sharply and stoutly the manifest despiser as well as the profaner of the Sacraments, ye shall find them pernicious enemies before long. Therefore, in the name of the Eternal God and of His Son, Christ Jesus, we require of your honours that, without delay, strait laws be made against the one and the other.

We dare not prescribe unto you what penalties shall be required of such. But this we fear not to affirm, that the one and the other deserve death. If he which doth falsify the seal, subscription, or coinage of a king is adjudged worthy of death; what shall we think of him who plainly doth falsify the seals of Christ Jesus, Prince of the kings of the earth? If Darius pronounced upon the man that durst attempt to hinder the re-edification of the material temple, the sentence that a bauk[271] should be taken from his house, and he himself be hanged upon it; what shall we say of those that contemptuously blaspheme God and manifestly hinder the spiritual temple of God, the souls and bodies of the elect--from being purged, by the true preaching of Christ Jesus, from the superstition and damnable idolatry in which they have been of long plunged and holden captive? If ye, as God forbid, declare yourselves careless over the true religion, God will not suffer your negligence to go unpunished. Therefore, the more earnestly require we that strait laws may be made against the stubborn contemners of Christ Jesus, and against such as dare presume to administer His Sacraments, without orderly call to that office; lest, while there be none found to gainstand impiety, the wrath of God be kindled against the whole.

[271] Beam.

The papistical priests have neither power nor authority to administer the Sacraments of Christ Jesus; because in their mouth is not the sermon of exhortation. To them, therefore, must strait inhibition be made, notwithstanding any usurpation which they have had in that behalf in the time of blindness. It is neither the clipping of their crowns, the crossing of their fingers, the blowing of the dumb dogs, called the bishops, nor yet the laying on of their hands that maketh them the true ministers of Christ Jesus. The Spirit of God inwardly moving hearts to seek Christ's glory and the profit of His Church, and thereafter the nomination of the people, the examination of the learned, and public admission, as before we have said, makes men lawful ministers of the Word and Sacraments. We speak of an ordinary vocation, where Churches are reformed, or at least tend to reformation; and not of that which is extraordinary, when God by Himself, and by His only power, raiseth up to the ministry such as best please His wisdom.

The Conclusion.

Thus have we, in these few heads, offered unto your honours our judgments, according as we were commanded, touching the reformation of things which heretofore have altogether been abused in this cursed Papistry. We doubt not but some of our petitions shall appear strange unto you at the first sight. But if your wisdoms deeply consider that we must answer not only unto men, but also before the throne of the Eternal God and of His Son, Christ Jesus, for the counsel which we give in this so grave matter, your honours shall easily consider that it is much safer for us to fall into the displeasure of all men on earth, than to offend the Majesty of God, whose justice cannot sutler flatterers and deceitful counsellors to go unpunished.

That we require the Church to be set at such liberty, that she neither be compelled to feed idle bellies, nor to sustain the tyranny which heretofore by violence hath been maintained, we know will offend many. But if we should keep silence, we are most certain to offend the just and righteous God, who by the mouth of His Apostle hath pronounced this sentence: "He that laboureth not, let him not eat." If we, in this behalf or in any other, require to ask anything, other than by God's expressed commandment, by equity and by good conscience ye are bound to grant, let it be noted, and after repudiated; but if we require nothing which God requireth not also, let your honours take heed how ye gainstand the charge of Him whose hand and punishment ye cannot escape.

If blind affection leads you to have respect to the sustentation of those carnal friends of yours, who tyrannously have empired above the poor flock of Christ Jesus, rather than the zeal of God's glory provoke and move you to set His oppressed Church at freedom and liberty, we fear sharp and sudden punishment for you, and that the glory and honour of this enterprise will be reserved unto others.

Yet shall this our judgment abide to the generations following for a monument, and witness how lovingly God called you and this realm to repentance, what counsellors God sent unto you, and how ye have used the same. If obediently ye hear God now calling, we doubt not but He shall hear you in your greatest necessity. But if, following your own corrupt judgments, ye contemn His voice and vocation, we are assured that your former iniquity, and present ingratitude, shall together crave just punishment from God, who cannot long delay to execute His most just judgments, when, after many offences and long blindness, grace and mercy offered is contemptuously refused.

God the Father of our Lord Jesus Christ, by the power of His Holy Spirit, so illuminate your hearts, that ye may clearly see what is pleasing and acceptable in His presence; so bow the same to His obedience, that ye may prefer His revealed will to your own affections; and so strengthen you by the spirit of fortitude, that boldly ye may punish vice, and maintain virtue within this realm, to the praise and glory of His holy name, to the comfort and assurance of your own consciences, and to the consolation and good example of the posterities following. Amen. So be it.

By your Honours'

Most humble servitors, etc.

From EDINBURGH, _The twentieth of May_ 1560.

Act of Secret Council, xxvii January, Anno &c., 1560.[272]

[272] That is, in modern terms, 27th January 1561, the year running from 25th March (instead of 1st January), in the computation of time then in use.

We, who have subscribed these presents, having advised with the Articles herein specified, as is above mentioned from the beginning of this book, think the same good, and in conformity with God's Word in all points, subject to the notes and additions thereto eked; and we promise to set the same forward to the uttermost of our powers. Providing that the Bishops, Abbots, Priors, and other Prelates and beneficed men, who already have joined themselves to us, bruik the revenues of their benefices during their lifetimes, they sustaining and upholding the ministry and ministers, as is herein specified, for preaching of the Word, and administering of the Sacraments of God.

JAMES. JOHN LOCKHART _of Barr_. JAMES HAMILTON. GEORGE CORRIE _of Kelwood_. ARCHIBALD ARGYLE. JOHN SHAW _of Haly_. JAMES STEWART. ANDREW HAMILTON _of_ ROTHES. _Letham_. JAMES HALIBURTON. GLENCAIRN. R. BOYD. OCHILTREE. ALEXANDER CAMPBELL, SANQUHAR. DEAN OF MORAY. SAINTJOHNS. WILLIAM OF CULROSS. WILLIAM LORD HAY. MASTER ALEXANDER DRUMLANRIG. GORDON. CUNNINGHAMHEAD. BARGANY YOUNGER. JOHN MAXWELL. ANDREW KER _of Faldonside_. GEORGE FENTON _of that Ilk_. T. SCOTT _of Hayning_. LOCHINVAR.

GLOSSARY

OF OBSOLETE AND SCOTS WORDS AND PHRASES.

_Affray_, terror; fright: (v.) to frighten. _Aggravate_, to emphasise an enormity. _Aggreage_, to aggravate. _Appointment_, terms; agreement; truce or treaty. _Arguesyn_, lieutenant (naut.). _Assedations_, leases. _Assurance_, truce; agreement for truce.

_Bauk_, beam. _Bear_, barley. _Bide_, to abide; _biaden_, abode. _Bill_, letter; petition. _Birse_, bristle; beard. _Block-house_, tower; fort. _Boss_, a worthless character. _Bourding_, jesting. _Brook_, to soil. _Bruik_, to enjoy; to possess. _Bruit_, common talk; rumours; repute. _Buds_, gifts; bribes. _Buist_ (for _browst_), brewing. _Buist_, box; chest. _Burgess_, inhabitant of a burgh who has full municipal rights. _Burn_, brook. _Burn his bill_, make recantation.

_Camp-volant_, expeditionary force. _Cass_, to annul. _Censement_, judgment. _Chalder_, a grain measure of about 90 bushels. _Chamber-child_, valet-de-chambre. _Chanters_, laics endowed with ecclesiastical benefices. _Chap_, to strike; to knock. _Cheek-mate_, familiar. _Chimley_, chimney; fire-basket. _Clawback_, sycophant. _Clerk-play_, a dramatic entertainment founded on a passage of Scripture; a "mystery." _Cognition_, evidence. _Comfort_, strength; godly confidence. _Commend_, an ecclesiastical benefice committed to a temporary holder. _Commendator_, the holder of a commend. _Commodity_, advantage. _Compear_, to present oneself in response to a summons. _Compone_, to agree. _Consequently_, in sequence. _Consistory_, Church Court. _Cordelier friar_, Franciscan. _Cowp_, to tilt. _Craig_, neck.

_Credit_, mandate; written instructions. _Crown of the sun_, a French crown having as mint mark an emblem of the sun: gold coin worth 18s. _Cuid_, chrisom. _Culverin_, the largest cannon used in the 16th century. _Cummer_, entanglement; broil; brawl. _Cunyie_, mint, coinage; to mint, to coin.

_Dad_, to knock; to thump. _Dag_, to shoot. _Deambulator_, promenade. _Delate_, to accuse. _Delation_, accusation. _Delatour_, procrastination. _Dictament_, phraseology. _Ding_, to knock violently; to dash (p. _dang_, p.p. _dung_). _Ditement_, what is written. _Divagation_, wandering from the straight course. _Divers_, sundry. _Doctrine_, act of teaching. _Document_, warning; evidence. _Dolour_, grief; distress. _Dontibour_, courtesan. _Dortour_, hangings; decorative draperies. _Dot_, dowry. _Doted_, endowed. _Down-thring_, overthrow. _Dule-weed_, apparel of mourning. _Dyke_, wall. _Dyttament_, dictation; guidance.

_Effray_, to frighten. _Eke_, to increase. _Eke_, _eik_, an addition. _Eme_, uncle; kinsman. _Ensenyes_, companies (milit.). _Exercition_, bodily exercise; military exercise.--_Jamieson._

_Factors_, stewards. _Factory_, Scots equivalent of a power of attorney. _Fard_, ardour; violence. _Fash_, to trouble. _Fashery_, trouble. _Fashious_, troublesome. _Fertour_, coffer. _File_, thread; sequence. _Fillocks_, giddy young women. _Fley_, to scare; to frighten. _Flyrt and flyre_, to mock and deride. _Forethink_, to repent. _Fornent_, over against. _Frack_, active; ready; _make frack_, make bustling preparation. _Fray_, fright. _Fremmed_, strange; unfriendly.

_Gaird_, guard; civil establishment. _Gait_, way; route; _upon the gait_, on the move. _Gar_, to cause; _gart_, caused. _Gear_, goods; stuff. _Girn_, to grind or gnash the teeth. _Girnell_, granary. _Glaise_, a scorching. _Glister_, lustre. _Glondours_, a state of ill-humour. _Good-daughter_, daughter-in-law. _Goodsire_, maternal grandfather. _Greet_, to weep; _grat_, wept. _Griping_, extortionate. _Gukstoun Glaikstour_, apparently a nickname. "A contemptuous designation, expressive of the combination of folly and vainglory."--_Jamieson._

_Hackbut_, harquebus: species of hand firearm used in 15th and 16th centuries. _Hamesucken_, the crime of beating or assaulting a person within his own house. _Harberous_, hospitable. _Hardess_, harshness. _Herschip_, plundering. _Horn_, public intimation of outlawry. _Horning_, outlawry; process of outlawry. _How_, hollow; underground. _Hurl_, to wheel.

_Improve_, to disprove. _Inable_, to disqualify. _Incontinently_, forthwith. _Indifference_, impartiality. _Indifferent_, impartial. _Induration_, hardening of heart. _Indure_, to remain of firm purpose. _Ingyne_, ingenuity; genius. _Institute_, to place in authority. _Irons_, coining dies. _Ish_, to come out; to sally forth.

_Jack_, a coat of mail. _Jackman_, armed follower. _Jefwellis_, jailbirds. _Jow_, to toll.

_Kep_, to intercept; to catch. _Kindness_, fealty of retainers. _Knap_, to strike. _Knapscall_, head-piece. _Kythe_, to show; to practise.