Part 22

With the greaf of our hertis we heare, that sum Gentilmen are now als creuell over thair tennentis as ever war the Papistis, requiring of thame whatsoever before thay payit to the Churche;[494] so that the Papisticale tirrannye shall onlie be changeit in the tirrannye of the lord or of the laird. We dar not flatter your Honouris, neathir yit is it proffitabill for you that so we do: if you permit suche creualtie[495] to be used, neather shall ye, who by your authoritie aucht to ganestand suche oppressioun, neathir thei that use the same, escheip Goddis hevy and feirfull judgementis. The Gentilmen, Baronis, Earlis, Lordis, and utheris, must be content to live upon thair just rentis, and suffer the Churche to be restorit to hir libertie, that, in hir restitutioun, the poore, who heirtofore by the creuall Papistis have bene spoilled and oppressit, may now resave sum confort and relaxatioun.

[494] In edit. 1621, "whatsoever they afore payed to the Kirk."

[495] In edit. 1621, "if we permit cruelty."

[Sidenote: * ADDITIO.]

* CONCLUDIT BE THE LORDIS:[496] That thir teyndis and uthairis exactionis, to be clene discharged, and never to be tackin in tyme cuming; as, the uppermost Claith, the Corps-present, the Clerk-maill, the Pasche offeringis, Teynd Aill, and all handlingis Upaland, can neathir be required nor resavit of godlie conscience.

[496] These words, "Concludit be the Lordis," are omitted in the later copies.

[Sidenote: ADDITIO.]

[Sidenote: THE LORDIS AGGREIS WITH THIS HEID OF THE RESAVING OF THE DEACONIS.][497]

[497] This addition is omitted in the later copies.

Neathir do we judge it to proceade frome justice, that one man sall possess the teyndis of ane uther; but we think it ane thing most reasonabill, that everie man have the use of his awin teyndis, provideit that he ansueir to the Deaconis and Thesauraris of the Churche, off that whiche justlie sall be appointit unto him. We require Deaconis and Thesauraris rathir to resave the rentis, nor the Ministeris them selvis; becaus that of the teyndis must not onlie the Ministeris be sustened, but also the Poore and Schollis. And thairfore we think it most expedient that commoun Thesauraris, to wit, the Deaconis, be appointed frome yeare to yeare, to resave the hoill rentis appertenyng to the Churche; and that commandiment be given, that na man be permitted eather to resave, eather yit to intromet with, any thing appertenyng to the sustentatioun of the personis foresaidis, but suche as by commoun consent of the Churche ar thairto appointed.

Yf any thinkis this prejudiciall to the tackis and assedationis of those that now possessis the teyndis, let them understand that ane injust possessioun is no possessioun before God; for those of whome thei receaved thair titill and presupposed richt, war and ar thevis[498] and murtheraris, and had no power so to alienat the patrimonye and commoun-gude of the Churche. And yit we ar not so extreme, but that we wische just recompence to be maid to suche as have debursed soumes of money to those injust possessouris (so that it hes not bene of lait dayis in prejudice of the Churche:) but suche as ar fund and knawin to be done of plane collusioun in no wise aucht to be mantened of you. And for that purpose, we think it most expedient that whosoever have assedatioun of teyndis or churches be openlie warnit to produce thair assedatioun and assurance, that cognitioun being tackin, the just tackisman may have ane just and reasonable recompence for the yearis that ar to ryn, the proffit of the yearis passed being considderit and deducted; and the injust and surmised may be servit accordinglie: So that the Churche, in the end, may recover hir libertie and fredome, and that onlie for releaf of the Poore.

[498] In edit. 1621, "presupposed right or warrant, were thevis."

Your Honouris may easilie understand, that we speake not now for our selvis, but in favouris of the Poore and[499] the lawboraris defraudit and oppressed by the Preastis, and by thair confederat pensionaris. For quhill that the Preistis Pensionare his idill bellye is delicatlie fed, the Poore, to whome a portioun of that appertenis, was pyned with hunger; and moirover the trew laboraris was compelled to pay that whiche [he] aught not: for the lauborar is nouthir dettar to the dum dog called the Bischop, neathir yit unto his hyred pensionare; but is debtour onlie unto the Churche: And the Churche is onlie bund to sustene and nourische off her chargeis, the personis before mentionat, to wit, the Ministeris of the word, the Poore, and the Teacharis of the youth.

[499] In the edit. 1621, the words "the poore and," are omitted.

[Sidenote: AGGREIT ALSUA BE THE LORDIS]

But now to returne to the formare Heade. The soumes abill to susteane thir forenamit personis, and to furnische all thingis appertenyng to the preservatioun of gude ordour and polecie within the Churche, must be lifted of the teyndis,[500] to wit, the teynd cheaf, teynd hay, teynd hempt, teynd lint, teynd fischeis, teynd calf, teynd fole, teynd lambe, teynd woll, teynd cheise, &c. And becaus that we knaw that the tythes reasonabillie tackin, as is before expressed, will not suffice to discharge the formar necessitie; we think that all thingis doted to Hospitalitie, all annualrentis, both in burgh and land, perteanyng to Preastis, Chanterie, Colledgeis, Chaplanryis, and to Freiris of all Ordouris, to the Sisteris of the Seanis,[501] and to all utheris of that Ordour, and suche utheris within this Realme, be receaved still to the use of the Churche or Churches within the tounis or parrischeis whaire thai war doted. Furthermore to the uphald[ing] of the Universiteis, and sustentatioun of the Superintendentis, the hoill revenew of the temporalitie of the Bischopis, Deanes, and Archdeanes landis, and all rentis of landis pertenyng to the Cathedrall Churcheis whatsoever. And farther, merchandis and riche craftismen in fre Burghis, who have no thing to do with the manuring of the ground, must mak sum provisioun in thair citeis, tounis, or dwelling placis, for to support the neid of the Churche.

[500] In the edit. 1621, "off the tenths; to wit, the tenth sheafe, hay, hemp, lint, fishes, tenth calfe, tenth lamb, tenth wooll, tenth folle, tenth cheese."

[501] The Sisters of the Sheens, Senys, or Sciennes, were Nuns of the Predicant Order of St. Dominick. Their Convent, consecrated to St. Katherine of Sienna, an erection of so late a date as 1517, was situated a short distance to the south of Edinburgh. The name of the Sciennes, still designates the locality. King James the Fifth, soon after his assuming the government, granted to the "Sisters of the Senys," an annual pension of £24; and from the Treasurer's Accounts, it appears that this sum was continued until 1558, to be paid by the Queen Regent, Mary of Guise. A volume printed for the Abbotsford Club, in 1841, entitled "Liber Conventus S. Katherine Senensis prope Edinburgum," includes the "Constitutiones Sororum," &c., along with the several Charters that could be recovered relating to this Convent.

[Sidenote: ADDITIO.]

To the Ministeris, and failzeing thairof the Reideris, must be restorit thair manses and thair gleibis; for ellis thei can not serve thair flock at all tymes as thair dewtie is. Yf any gleibe exceid sex aikeris of land, the rest to remane in the possessouris handis, quhill ordour be tackin thairin.

THE LORDIS CONDISCENDIS THAT THE MANSE AND YAIRDIS BE RESTORIT TO THE MINISTERIS: AND ALL THE LORDIS CONSENTIS THAT THE MINISTERIS HAVE SEX AIKERIS OF LANDIS, EXCEPT MERSCHEALL, MORTOUN, GLENCARNE, AND CASSILLIS, QUHAIR MANSSES AR OF GRET QUANTITIE.[502]

[502] This paragraph is added on the margin of the MS. 1566, and is omitted in all the editions. It affords a proof of the discussion that took place on some of the Heads in the Book of Discipline.

The receaveris and collectouris of these rentis and dewiteis must be the Deaconis or Thesauraris appointit from yeare to yeare in everie churche, and that by common consent and fre electioun of the churche. The Deaconis may distribute no part of that whiche is collected, but by commandiment of the Ministeris and Elderis; and thei may command no thing to be deliverit, but as the Churche before hath determined: to wit, the Deaconis shall of the first pay the soumes, either quarterlie, or frome half yeare to half yeare, to the Ministeris whiche the Kirk hath appointed. The same thei shall do to the Schoolmaisteris, Readeris, and Hospitalis, (gif any be,) alwayis receaving acquettances for thair discharge.

Yf any extraordinar soumes lie to be delivered, then must the Ministeris, Elderis, and Deaconis consult whethir the deliverance of thei soumes doeth stand with the common utilitie of the Churche or not; and yf thei do universalie aggree and condescend eathir upoun the affirmative or the negative, then becaus thei ar in credit and office for the yeare, thei may do as best seameth unto thame: But yf thair be contraversie amangis thame selfis, the whole Churche must be made privie; and efter that the mater be exponed, and the reasonis hearde; the judgement of the Churche with the Ministeris consent shall prevaill.

The Deaconis shall be bund and compelled to mak accomptis to the Ministeris and Elderis of that which thei have receaved, als oft as the Polecie shall appoint; and the Elderis whan thei ar changeit, (which must be everie yeare,) must clear thair comptis before suche auditouris as the Churche shall appoint: And both the Deaconis and Elderis being changeit, shall deliver to thame that shalbe now elected, all soumes of money, cornis, and other proffits resting in thair handis; the tickettis whairof must be delivered to the Superintendentis in thair visitatioun, and by thame to the gret Counsall of the Churche, that alsweill the aboundance as the indigence of everie churche may be evidentlie knawin, that a reasonable equalitie may be had throuchout the hoill Realme. Yf this ordour be preciselie keipit,[503] corruptioun can not suddanlie enter. For the frie and yearlie electioun of Deaconis and Elderis shall suffer none to usurpe a perpetuall dominioun[504] over the Churche; the knawledge of the rentall shall suffice[505] thame to receave no more then whairof thei shall be bund to mak accomptis; the deliverance of the money to the new officiaris shall not suffer privat men [to] use in thair private besynes, that whiche apperteyneth to the publict effaires of the Churche.

[503] In edit. 1621, "be perfectly kept."

[504] In edit. 1621, "domination."

[505] In edit. 1621, "shall suffer."

THE SEVINT HEID, OF ECCLESIASTICALL DISCIPLINE.[506]

[506] In edit. 1722, Chap. IX.

As that no Commoun-wealth can flurische or long indure without gude lawis, and scharp executioun of the same; so neathir can the Churche of God be brocht to puritie, neathir yit be retained in the same, without the ordour of Ecclesiasticall Discipline, whiche standis in reproving and correcting off these faltis, which the civill sweard doeth eather neglect, eather may not punische: Blasphemye, adulterie, murthour, perjurie, and uthir crymes capitall, worthie of death, aucht not properlie to fall under censure of the Churche; becaus all suche oppin transgressouris of Goddis lawis aucht to be tackin away be the civill swearde. But drunkynnes, excesse, (be it in apparell, or be it in eating and drinking,) fornicatioun, oppressioun of the poore by exactionis, deceaving of thame in buying or selling be wrang met or measure, wantoun wordis and licentious leving tending to sklander, do propirlie appertene to the Churche of God, to punische the same as Goddis word commandeth.

[Sidenote: CONSENTED ON BE THE COUNSALL.]

But becaus this accursit Papistrie hath brocht in suche confusioun in the warld, that neather was virtu richtlie praysit, neathir vice seveirlie punisched; the Churche of God is compelled to draw the swearde whiche of God scho have receaved, aganis suche oppin and manifest offendaris,[507] cursing and excommunicating all suche, alsweall those whome the civill swearde aucht to punische as the uthiris, frome all participatioun with hir in prayeris and sacramentis, till oppin repentence manifestlie appeare in thame. As the ordour of Excommunicatioun and proceiding to the same aucht to be grave and slow, so being onis pronunced aganist any persoun, off what estait and conditioun that ever thay be, it must be keipit with all severitie. For lawis maid and nocht keipit engendereth contempt of virtu, and bringis in confusioun and libertie to syn: And thairfore this ordour we think expedient to be observit before and efter excommunicatioun.

[507] In edit. 1621, "contemners."

First, yf the offence be secreit and knawin to few,[508] and rathir standis in suspitioun than in manifest probatioun, the offender aucht to be privatlie admonischeit to abstene frome all appearance of evill; whiche yf he promissis to do, and to declair him self sober, honest, and one that feareth God, and feareth to offend his brethren, than may the secreit admonitioun suffice for his correctioun. But gif he athir contempn the admonitioun, or efter promis maid, do schaw him self no more circumspect than he was before, than must the Minister admonische him; to whome yf he be fund inobedient, thei must proceid according to the reule of Christ, as efter sall be declairit.

[508] In edit. 1621, "or known to few men."

Gif the cryme be publict, and suche as is haynouse, as fornicatioun, drunkynnes, fechting, commoun sweiring, or execratioun, than aucht the offendar to be callit in the presence of the Minister, Elderis, and Deaconis, whair his syn and offence[509] aucht to be declared and aggredgeit, so that his conscience may feale how far he hath offended God, and what sklander he hath rasit in the Churche.[510] Yf signis of unfeinyeit repentence appeare into him, and gif he require to be admitted to publict repentence, the Ministerie may appoint unto him a day whan the hoill Churche convenith togidder, that in presence of all he may testifie the repentence whiche before thame he professed: Whiche yf he accept, and with reverence do, confessing his syn, and dampnyng the same,[511] and earnestlie desiring the Congregatioun to pray to God with him for mercy, and to accept him in thair societie, nochtwithstanding his formar offence: than the Churche may, and aught resave him as a penitent; for the Churche aught to be no more seveir than God declarith him self to be, who witnessith, that "In whatsoever hour ane synner unfeynedlie repenteth, and turnis from his wickit way, that he will nocht remember ane of his iniquiteis." And thairfore the Churche aught deligentlie to advert that it excommunicat not those whom God absolvith.

[509] In edit. 1621, "and trespass."

[510] In edit. 1621, "Kirk."

[511] In edit. 1621, "and with reverence confesse his sinne, doing the same."

Yf the offendar callit before the Ministerie be fund stuburne, hard-hertit, or one in whome no signe of repentence appeareth, than must he be demissed with ane exhortatioun to considder the dangerus estait in whiche he standis; assuring him, yf thei find into him no uthir tokin of amendment of lyfe, that thai will be compelled to seake a farther remedie. Yf he within ane certane space schaw his repentence to the Ministrie, thei must present him to the Churche as before is said.

But gif he continew in his impenitence, than must the Churche be admonisched[512] that suche crymes are committed amangis thame, whiche by the Ministerie hath bene reprehendit, and the personis provocked to repent; whairof becaus no signis appeareth unto thame, thei could not but signifie unto the Churche the crymes, but not the persoun, requiring thame earnistlie to call to God to move and tuiche the heartis of the offenderis, so that suddanlie and earnistlie thei may repent.

[512] In edit. 1621, "If he continue not in his repentance, then must the Kirk be advertised."

Yf the persoun maligne, than the nixt day of publict assemblie; the cryme and the persoun must be both notifyed unto the Churche, and thair judgement must be requirit, yf that suche crymes aught to be suffered unpunischeit amangis thame: Requeast also wald be maid to the most discreit and to the nearest freindis of the offendare to travell with him to bring him to knawledge of himself, and of his dangerus estait, with ane commandiment gevin to all man to call to God for the conversioun of the impenitent. Yf ane solempned and ane speciall prayer war maid and drawin for that purpose, the thing shuld be the more gravelie done.[513]

[513] This was afterwards done, in the Order of Excommunication and of Public Repentance.

The thrid Sunday, the Minister aught to require yf the unpenitent have declared ony signis of repentence to ony of the Ministerie; and yf he hath, then may the Minister appoint him to be examinated be the hoill Ministerie; eathir then instantlie, or at ane uther day affixed to the consistorie: and yf repentence appeare, alsweill of the cryme, as of his long contempt, then may he be presented to the Churche, and mak his confessioun, and to be accepted as before is said. But yf no man signifie his repentence, then aught he to be excommunicat; and by the mouth of the Minister, consent of the Ministerie, and commandiment of the Churche, must sick a contempnar be pronunced excommunicat from God, and from the societie of his Churche.

After whiche sentence may no persoun, (his wife and familie onlie excepted,) have ony kynde of conversatioun with him, be it in eiting and drinking, buying or selling, yea, in saluting or talking with him; except that it be at the commandiment or licence of the Ministerie for his conversioun; that he by suche meanis confoundit, seing him self abhorrit of the faythfull and godlie, may have occasioun to repent and be so savit. The sentence of his Excommunicatioun must be publischeit universalie throwhout the Realme, least that any man sould pretend ignorance.

His children begottin or borne efter that sentence and before his repentence, may nocht be admitted to baptisme, till eathir thei be of aige to require the samin, or ellis that the Moder, or sum of his especiall freinds, members of the Churche, offer and present the child, abhorring and dampnyng the iniquitie and obstinat contempt of the impenitent. Yf ony think it seveir,[514] that the child suld be punischeit for the iniquitie of the Fader; let thame understand that the sacramentis appertene onlie to the faithfull and to thair seade: But suche as stuburnlie contempt all godlie admonitioun, and obstinatlie remane in thair iniquitie, can nocht be accompted amangist the faithfull.

[514] In edit. 1621, "If any man should think it severe."

II. THE ORDOURE FOR PUBLICT OFFENDARIS.

[Sidenote: CONSENTED TO BE THE LORDIS.]

We have spokin no thing of those that commit horrible crymis, as murtheraris, man-slayaris, and adulteraris; for suche (as we have said) the Civill swearde aught to punische to death: But in case thei be permitted to leve, than must the Churche, as before is said, draw the swearde whiche of God scho hath receaved, halding thame as accursed evin in thair [very] fact. The offendar being first called, and ordour of the Churche used aganis him, in the same maner as the personis that for obstinat impenitence ar publictlie excommunicat: So that the obstinat impenitent efter the sentence of excommunicatioun, and the murtherar or adulterar stand in one case as concernying the judgement of [the Churche]; that is, neathir of both may be receaved in the fellowschip of the Churche to prayeris or sacramentis, (but to heiring of the word thei may,) till first thei offer thame selfis to the Ministerie, humblie requiring the Ministeris and Elderis to pray to God for thame; and alsua to be intercessouris to the Churche, that thei may be admitted to publict repentence, and so to the fruitioun of the benefitis of Christ Jesus, distributed to the memberis of his body.

Yf this requeist be humilie maid, then may not the Ministeris refuise to signifie the same unto the Churche, the nixt day of publict preaching,[515] the Minister geving exhortatioun to the Churche to pray to God to performe the work whiche he appearit to have begun, wirking in the heart of the offendare unfeyned repentence of his grevous cryme, and the sence[516] and fealing of his great mercy, by the operatioun of his Holie Spirit. Thairefter ane day aucht publictlie to be assignit unto him to gif oppin confessioun of his offence and contempt, and sa to mak ane publict satisfactioun to the Churche of God. Whiche day the offenderis must appeare in presence of the hoill Churche, and with his awin mouthe dampne his awin impietie, publictlie confessing the same; desiring God of his grace and mercy, and his congregatioun, that it will please thame to accept him in thair societie, as before is said. The Minister must examinat him diligentlie whethir he find a haitrent and displesour of his syn, alsweill of his cryme as of his contempt:[517] whiche yf he confesse, he must travell with him, to se what hope he hath of Goddis mercy.

[515] In MS. 1566, "publict praying."

[516] In edit. 1621, "cryme and offence."

[517] In edit. 1621, the words "cryme," and "contempt," are transposed.

And gif he find him reasonabillie instructed in the knawledge of Christ Jesus, in the virtu of his death; than may the Minister confort him by Goddis infallibill promisses, and demand of the Churche yf thei be content to resave that creature of God, whome Sathan before have drawin in his nettis, in the societie of thair body, seing that he declairis him self penitent. Whiche yf the Churche grant, as thai may not justlie deny the same, than aught the Minister in publict prayer to commend him to God, confesse the syn of that offendar, and of the whole[518] Churche, desiring mercy and grace for Christ Jesus saik. Whiche prayer being endit, the Minister aught to exhort the Churche to resave that penitent brothir in thair favouris, as thay require God to resave thame selfis, whan thay have offendit; and in signe of thair consent, the Elderis and cheaf men of the Churche sall tak the penitent by the hand, and one or two in name of the whole shall kiss and imbrace him with all reverence and gravitie, as a member of Christ Jesus.

[518] In edit. 1621, "before the whole."

Whiche being done, the Minister shall exhort the reconcilled[519] to tak diligent heid in tymes cuming, that Sathan trap him nocht in suche crymes, admonissing him that he will nocht cease to tempt and trye [by] all meanis possibill to bring him frome that obedience whiche he hath gevin to God, and to the ordinance of his Sone Christ Jesus. The exhortatioun being ended, the Minister aught to gif publict thankis unto God for the conversioun of that thair brothir, and for the benifittis quhilk we resave by Jesus Christ, praying for the increase and continewance of the same.

[519] In edit. 1621, "the received."

Yf the penitent, efter that he have offered him self to the Ministerie, or to the Churche, be fund ignorant in the principall pointis of oure religioun, and cheaflie in the article of Justificatioun, and of the office of Christ Jesus, than aucht he to be exactlie instructed before he be receaved: For ane mocking of God it is to receave thame in repentence, who knoweth not whairin standis thair remeid, whan thai repent thair syn.

III. PERSONIS SUBJECT TO DISCIPLINE.

[Sidenote: CONSENTED TO LIKEWISE]