Part 24

What day in the week is most convenient for that exercise, and what bookes of the Scripturis salbe most profitable to be red, we refer to the judgment of everie particulare Churche, we meane, to the wisdome of the Ministeris and Eldaris.

OF MARIAGE.[549]

[549] In edit. 1722, Chap. XIII.

Becaus that Mariage, the blessed ordinance of God, in this cursed Papistrie hath partlie bene contempned; and partlie hath bene so infirmed, that the personis conjoyned could never be assured of continewance,[550] yf the Bischoppis and Prelattis list to dissolve the same; we have thocht goode to schaw oure judgmentis how such confusioun in tymes cuming may be best avoyded.

[550] In edit. 1621, "assured in conscience."

And first publict inhibitioun must be maid, that na personis under the power and obedience of otheris; suche as sonnes and dochteris, [and] these that be under curatouris, neather men nor wemen, contract Mariage privelie and without knawledge [of their parents, tutors, or curators, under whose power they are for the time:][551] whiche yf thei do, the censure and discipline of the Churche to procead against thame. Yf the sone or dowghter, or other, have thair hearte tweiched with desyre of mariage, thei ar bound to geve that honour to the parentis that thei oppin unto thame thair affectioun, askyng of thame counsall[552] and assistance, how that motioun, which thei judge to be of God, may be performed. Yf the father, friend, or maister, ganestand thair requeast, and have na other caus then the commoun sorte of men have; to wit, lack of guidis, or because thei ar nott so hyght-borne as thai requyre; yit must not the pairteis whose heartis ar tweiched mak ony covenant till farther declaratioun be maid unto the Churche of God. And, thairfoir, efter thei have opened thair myndis to thair parentis, or suche otheris as have charge oure thame, thei must declair it also to the Ministrie, or to the Civile Magistrat, requyring thame to travaill with thair parentis for thair consent, whiche to do thei ar bound. And yf thei, to wit, the Magistrate or Ministeris, fynd no just caus why the mariage requyred may not be fulfilled, then efter sufficient admonitioun to the father, friend, maister, or superiour, that none of thame resist the work of God, the Ministerie or Magistrat may enter in the place of the parent, and by consenting to thair just requeastis may admit thame to mariage: for the work of God aught not to be hyndered by the corrupt affectionis of worldlie men. The work of God we call, when two heartis (without filthynes befoir committit) ar so joyned, that boyth requyre and ar content to live together in that holy band of Matrimonye.

[551] The words within brackets omitted in MS. 1566, are supplied from ed. 1621.

[552] In edit. 1621, "asking their counsell."

Yf any man commit fornicatioun with the woman whome he requyred in mariage, then do boyth lose this foirsaid benefite alsweall of the Churche as of the Magistrat; for neather of boyth aught to be intercessouris or advocattis for fylthie fornicatours. But the father, or neyrest friend, whose dowghter being a virgine is deflored, hath power by the law of God to compell the man that did that injurie to marie his dowghtter; or yf the father will not accept him be reassone of his offense, then may he requyre the dote[553] of his dowghter; whiche yf the offendar be nott able to pay, then aught the Civile Magistrat to punishe his body by some other punishement.

[553] In edit. 1621, "the dowrie."

And becaus that fornicatioun, huredome, and adulterye, ar synnes most commoun in this Realme, We requyre of your Honouris, in the name of the Eternall God, that severe punishement, according as God hath commanded, be executed against suche wicked offendaris;[554] for we doubt not but suche enorme crymes[555] oppenlie committed, provoketh the wrayth of God, as the Apostle speaketh, not onlie upoun the offendaris, but also upoun suche places as whair, without punishement, thei ar committed.

[554] In edit. 1621, "wicked contemners."

[555] In edit. 1621, "such enormities and crymes."

[Sidenote: AGGREIS TO THE HEAD OF MARIAGE.]

But to returne to oure formar purpose: Mariage owght not to be contracted amongis personis that have no electioun for lack of understanding; and thairfoir we affirm, that bairns and infantis can nocht lauchfullie be mareid in thair minor aige, to wit, the man within fourtene yeiris of aige, and the woman within twelf yearis, at the least. Whiche yf it chance any to have bene, and have keapt thair bodyis always separat, we can not judge thame bound to adhear as man and wyiff, by reassone of that promeis, which in Goddis presence was no promeise at all. But yf in the yearis of judgment thai have embrased the one the other, then be reassone of thair last consent, thai have ratifeid that which otheris did promeise for thame in thair youth-head.[556]

[556] In edit. 1722, after "in their youth-head," is added, "and are to be held as married persons."

In a Reformed Churche, Mariage ought nott to be secreatlie used, but in open face and publict audience of the Churche: And for avoyding of dangearis, expedient it is that the bannes be publictlie proclamed thre Sundayis, (onles the persones be [so] knawin, that no suspitioun of dangear may arise, and then may the bannes[557] be schortned at the discretioun of the Ministerie.) But in no wyse can we admitt Mariage to be used secreatlie, how honorable that ever the personis be. The Sunday befoir sermon we think most convenient[558] for mariage, and it to be used no day ellis without the consent of the hoill Ministerie.

[557] In edit. 1621, "may the time."

[558] In edit. 1621, "The Sunday before noon, we think most expedient."

Mariage once lauchfullie contracted, may not be dissolved at manis pleasour, as oure maister Christ Jesus doeth witnesse, onles adulterie be committed; which being sufficientlie proven in presence of the Civil Magistrat, the innocent (yf thei so requyre) ought to be pronunced frie, and the offendar aught to suffer the death as God hath commanded. Yf the Civile sweard foolischelie spair the lyeff of the offendar, yit may not the Churche be negligent in thair office, which is to excommunicat the wicked, and to repute thame as dead memberis, and to pronunce the innocent partie to be at freedome, be thei never so honourabile befoir the warld. Yf the lyfe be spared (as it ought not to be) to the offendaris, and gif the fructis of repentance of long tyme appeir in thame, and gif thai earnestlie desyre to be reconceilled with the Churche, we judge that thai may be receaved to participatioun of the Sacramentis, and of the other benefits of the Churche, (for we wold not that the Churche sould hold those excommunicat whom God absolved, that is, the Penitent.)

Yf any demand, whether that the offendar after reconciliatioun with the Churche, may not marye agane? We answer, That yf thai can not leve continent, and yf the necessitie be suche as that thai fear farther offence of God, we can not forbid thame to use the remeady ordayned of God. Yf the partie offended, may be reconcilled to the offendar, then we judge that in nowyse it shall be lauchfull to the offendar to mary any other, except the partie that befoir hath bene offended; and the solempnizatioun of the latter mariage must be in the open face of the Churche lyke as the formare, but without proclamatioun of banns.

This we do offer as the best Counsall that God geveth unto us in so doubtsome a case. But the most perfyte Reformatioun war, yf your Honouris wald give to God his honour and glorie, that ye wold prefer his expresse commandiment to your awin corrupt judgmentis, especially in punisheing of those crymes whiche he commandeth to be punished with death. For so should ye declair your selfis Godis treu and obedient officiaris, and your Commoun-wealth should be redd of innumerable trubles.

[Sidenote: _NOTA_]

We meane not, that synnes committed in our formar blyndnes, (whiche be almost buried in oblivioun,) salbe callit agane to examinatioun and judgment. But we requyre that the law may now and heirafter be so establisched and executed, that this ungodlie impunitie of synne have no place within this Realme. For in the fear of God we signifie unto your Honouris, that whosoever persuadeth unto you, that ye may pardone whair God commandeth death, deceaveth your saulles, and provokes you to offend Goddis Majestie.

OFF BURIALL.[559]

[559] In edit. 1722, Chap. XIV.

BURIALL in all aiges hath bene holden in estimatioun, to signifie that the same body that was committed to the earth should not utterlie perishe, but should ryse agane. And the same we wold have keapt within this Realme, provided that superstitioun, idolatrie, and whatsoever hath proceaded of a fals opinioun, and for advantage saik, may be avoyded; as singing of Messe, Placebo, and Dirige, and all other prayeris over or for the dead, are not onlie superfluous[560] and vane, but also ar idolatrie, and do repugne to the plane Scriptures of God. For, plane it is, that everie one that dyeth, departeth eather in the fayth of Christ Jesus, or ellis departeth in incredulitie: Plane it is, that thei that depart in the treu fayth of Christ Jesus, rest frome thair laubouris, and frome death [doe] go to lyef everlasting, as by oure Maister and by his Apostle we ar taught: But whosoever departe in unbeleve or in incredulitie, shall never see lyef, but the wrayth of God abydeth upoun him. And so, we say that Prayeris for the Dead ar not onlie superfluous[561] and vane, but do expreslie repugne to the manifest Scripturis and veritie thairof.

[560] In edit. 1621, "which are not only superstitious."

[561] In edit. 1621, "superstitious."

[Sidenote: REFERRES THIS ARTICLE TO THE JUDGMENT OF THE CHURCHE.]

For avoyding all inconvenientis,[562] we judge it best, that neather singing nor reading be at the Buryall: for albeit thingis song and red may admonishe some of the leving to prepair thame selfis for death, yit shall some superstitious and ignorant personis ever think,[563] that the workis synging or reading of the levying do and may proffat the dead. And thairfoir, we think most expedient that the Dead be convoyed to the place of buriall with some honest cumpany of the Churche, without eather singing or reading; yea, without all kynd of ceremony heirtofore used, uther than that the dead be committed to the grave, with suche gravitie and sobrietie, as those that be present may seame to fear the judgmentis of God, and to hate synne, whiche is the caus of death.

[562] In edit. 1621, "of all inconvencies."

[563] In edit. 1621, several words in this sentence, are omitted.

[Sidenote: [ADDITIO.][564]

[564] This addition is not contained in the edit. 1621, or any other copy.

AND YIT, NOCHTWITHSTANDING, WE ARE NOT SO PRECISE, BUT THAT WE AR CONTENT THAT PARTICULAR KIRKIS USE THAME IN THAT BEHALF, WYTH THE CONSENT OF THE MINISTERIE OF THE SAME, AS THEI WILL ANSWEIR TO GOD, AND ASSEMBLIE OF THE UNIVERSALL KIRK GATHERED WITHIN THE REALME.

We ar nott ignorant that some requyre ane Sermone at the Buriall, or ellis some places of Scripturis to be red, to put the leving in mynd that thei ar mortall, and that lykwyise thei must dye. Bot lett those men understand, that the sermonis whiche be daily maid, serve for that use; whiche yf men dispyse, the preaching of the[565] Funerall sermonis shall rather nureise superstitioun and a false opinioun, (as befoir is said,) then that thei shall bring suche persones to any godlie consideratioun of thair awin estaite. Attour, eather shall the Ministeris for the most parte be occupyed in preaching Funerall sermonis, or ellis thei shall have respect to personis, preaching at the buriall of the rich and honorabill, but keaping silence when the poore or dispysed departeth; and this with saif conscience can not the Ministeris do. For, seing that befoir God, thair is no respect of personis, and that thair ministerie apperteaneth to all alike, whatsoever thei do to the riche, in respect of thair ministerie, the same thei ar bound to do to the poorest under thair charge.

[565] In edit. 1621, the words, "preaching of the," are omitted.

In respect of diverse inconvenientis, we think it neather seamlie that the Churche appointed to Preaching and ministratioun of the Sacramentis shalbe maid a place of Buriall; but that some other secreat and convenient place, lying in the most free air, be appointed for that use; the whiche place aught to be weill walled and fensed about, and keaped for that use onlie.

FOR REPARATIOUN OF CHURCHES.[566]

[566] In edit. 1722, Chap. XV.

[Sidenote: AGGREIT ON.]

LEAST that the worde of God, and ministratioun of the Sacramentis, by unseamelynes of the place, come in contempt, of necessitie it is, that the Churches and places[567] whair the people aught publictlie to convene, be with expeditioun repaired in durres, wyndois, thak, and with suche preparationis within, as apperteaneth, alsweall to the majestie of the word[568] of God as unto the ease and commoditie of the people. And becaus we knaw the slouthfulnes of men in this behalf, and in all other whiche may not redound to thair privat commoditie; strait charge and commandiment must be gevin, that within a certane day the reparationis must be begune, and within another day, to be affixed by your Honouris, that thei be finished: penalteis and soumes of money must be injoyned, and without pardone taken from the contempnaris.

[567] In edit. 1621, "that the Kirk and place."

[568] In edit. 1621, the words, "of the word," are omitted.

The reparatioun would be according to the possibilitie and nomber of the Churche.[569] Everie Churche must have durres, cloise wyndoes of glass, thak or sclait able[570] to withhold raine, a bell to convocat the people together, a pulpite, a basyn for baptisme, and tables for the ministratioun of the Lordis Suppar. In greater churches, and whair the congregatioun is great in number, must reparatioun be maid within the Churche for the quiet and commodious receaving of the people. The expensses to be lyfted partlie of the people, and partlie of the teindis, at the consideratioun of the Ministerie.

[569] In edit. 1621, "according to the abilitie and number of kirks."

[570] In edit. 1621, "thack able to."

FOR PUNISHMENT OF THOSE THAT PROPHANE THE SACRAMENTIS AND DO CONTEMPT THE WORD OF GOD, AND DARE PRESUME TO MINISTER THAME, NOT BEING THAIRTO LAUCHFULLIE CALLED.[571]

[571] In edit. 1722, Chap. XVI.

As Sathan hath never ceassed frome the begyning to draw mankynd in one of two extremiteis, to wit, that men should eathir be so ravished with gazing upoun the visible creaturis, that forgetting the caus why thai war ordeyned,[572] thai attributed unto thame a vertew and power which God hath not granted unto thame; or ellis that men should sa contempne and dispyse Godis blessed ordinance and holy institutionis, as [if] that neathir in the rycht use of thame war thair any proffeit, neathir yit in thair prophanatioun war thair any danger. As this wyese, we say, Sathan hath blynded the most parte of mankynd from the begyning; so doubt we not, but that he will stryve to continew in his malice evin to the end. Oure eyis have seane, and presentlie do see the experience of the one and of the other. What was the opinioun of most parte of men, of the Sacrament of Christis bodie and bloode, during the darknes of superstitioun, is not unknawin, how it was gazed upoun, kneeled unto, borne in processioun, and finallie wirschipped and honored as Christ Jesus him selve. And so long as Sathan mycht thane reteane man in that damnable idolatrie, he was quyet, as one that possessed his kingdome of darknes peceablie. But since that it hath pleased the mercyis of God to reveill unto the unthankfull world the lyght of his wourd, the rycht use and administratioun of his sacramentis, he assayis man upoun the contrarie parte. For whair, (not lang ago,) men stude in suche admiratioun of that idoll in the Messe, that none durst presume to have said the Messe, but the foirsworne schavin sorte, the beastis marked men some dar now be so bald; as without all convocatioun, to minister, (as thai suppoise,) the treu sacramentis in open assemblies; and some idiottis, (yit more wickedlie and more imprudentlie,) dar counterfeit in thair housses that which the treu Ministeris do in the open congregatioun; thei presume, (we say,) to do it in housses without reverence, without word preached, and without Minister, other then of companioun to companioun.[573] This contempt proceideth, no doubt, from the malice and craft of that Serpent who first deceaved man, of purpoise to deface the glory of Christis evangell, and to bring his blessed sacramentis in a perpetuall contempt. And farther, your Honouris may clearlie see how proudlie and stubburnlie the most parte despyse the Evangell of Christ Jesus offered unto you; whome onles that scharplie and stoutlie ye resist, we meane alsweill the manifest dispysar as the prophanare of the sacramentis, ye shall fynd thame pernitious ennemyes or it be long. And thairfoir, in the name of the Eternall God, and of his Sone Christ Jesus, we require of your Honouris, that, without delay, strait Lawis be maid against the one and the other.

[572] In edit. 1621, "the cause wherefore they are ordained."

[573] The last six words are omitted in edit. 1621.

[Sidenote: OPTIMA COLLATIO.]

We dare not prescribe unto you what penalties shalbe required of suche: But this we fear not to affirme, that the ane and the other deserve death; for yf he which doeth falsefye the the seall, subscriptioun, or coynzie of a king is adjudged worthy of death; what shall we think of him who planlie doeth falsefye the Seallis of Christ Jesus, Prince of the Kingis of the earth? Yf Darius pronunced, that a bauk[574] should be taken frome the house of that man, and he him self hinged upoun it, that durst attempt to hinder the re-edificatioun[575] of the materiall Temple, What shall we say of those that contempteouslie blaspheme God, and manifestlie hynder the [spirituall] Temple of God, which is the saullis and bodyis of the elect, to be purged by the treu preaching of Christ Jesus, from the superstitioun and damnable idolatrie in which thai have bene of long plunged and holdin captive? Yf ye, (as God forbid,) declair your selfis cairless ower the treu Religioun, God will not suffer your negligence unpunished. And thairfoir, moir earnestlie require we, that strait lawis may be maid against the stubburne contempnaris of Christ Jesus, and against such as dare presume to minister his Sacramentis, not ordourlie called to that office, least that whill thair be none found to ganestand impietie, the wrayth of God be kindilled against the hoill.

[574] In edit. 1621, "a balk."

[575] In edit. 1621, "the re-edifying."

The Papisticall Preastis have neather power nor authoritie to minister the Sacramentis of Christ Jesus; becaus that in thair mouth is not the sermon of exhortatioun. And thairfoir, to thame most strait inhibitioun be maid, notwithstanding any usurpatioun whiche thai have had in that behalf in the tyme of blyndnes:[576] It is neathir the clipping of thair crownes, the crossing[577] of thair fingaris, nor the blowing of the dum doggis, called the Bischopis, neathir yit the laying on of thair handis, that maketh thame treu Ministeris of Christ Jesus. But the Spreit of God inwardlie first moving the heartis to seke[578] Christis glorie and the proffeit of his Churche, and thaireftir the nominatioun of the People, the examinatioun of the learned, and publict admissioun, (as befoir is said,) maikis men lauchfull Ministeris of the wourd and sacramentis. We speak of ane ordinarie vocatioun, whare churches ar reformed, or at least tend to reformatioun,[579] and not of that which is extraordinarye, when God by him self, and by his only power, raseth up to the Ministerie such as best pleaseth his wisdome.

[576] The edit. 1722, here supplies, "not to presume upon the like hereafter, as likewise to all others who are not lawfully called to the holy Ministry."

[577] In edit. 1621, "the greasing."

[578] In edit. 1722, is here added, "to seek to enter in the holy Calling for Christis glorie."

[579] In edit. 1621, the words after "ordinarie vocation" are omitted: in the edit. 1722, their place is thus supplied, "in Kirks reformed."

THE CONCLUSIOUN.

THUS have we, in these few Headis, offered unto youre Honouris oure judgmentis, according as we war commanded, tueching the Reformatioun of thingis which heirtofoir have altogidder bene abused in this curssed Papistrie. We doubt not but some of oure Petitionis shall appear strange unto you at the first sight. But yf your Wisdomes deaplie considder, that we must ansuer not onlie unto men, but also befoir the throne of the Eternall God, and of his Sone Christ Jesus, for the counsall which we geve in this so grave a mater; your Honouris shall easilie considder, that more assured it is till us to fall in the displeasour of all men in earth, then to offend the Majestie of God, whose justice can not suffer flatteraris and deceitfull Counsalouris unpunished.

That we require the Churche to be set at suche libertie, that scho neathir be compelled to fead idill bellyes, neathir yit to susteane the tyrannye which heirtofoir by violence hath bene manteaned, we know will offend many. But yf we should keape silence heirof, we ar most assured to offend the just and rychteous God, who by the mouth of his Apostle hath pronunced this sentence:--"He that lauboreth nott, let him not eat." Yf we in this behalf, or in any other, requyre or ask any [other] thing, than by Goddis expressed commandiment, by equitie and good conscience ye ar bound to grant, lett it be noted, and after repudiat; but yf we require nothing which God requyreth not also, let your Honouris tack head, how ye ganestand the charge of him whose hand and punishment ye can not eschape.

Yf blynd affectioun rather lead you to have respect to the sustentatioun of those your carnall Freindis, who tyrannouslie have impyred above the poor flock of Christ Jesus, than that the zeall of Goddis glorie provock and move you to sett his oppressed Churche at fredome and libertie, we fear your scharpe and suddane punischmentis, and that the glorie and honour of this interpryse be reserved unto otheris.

And yitt shall this oure judgment abyd to the Generationis following for a monument and witness, how lovinglie God called you and this Realme[580] to repentance, what counsallouris God send unto you, and how ye [have] used the same. Yf obedientlie ye hear God now calling, we doubt not but he shall hear you in your greatest necessitie. But yf, following youre awin corrupt judgmentis, ye contempt his voice and vocatioun, we ar assured that your formare iniquitie, and present ingratitude, shall togither crave just punishment frome God, who can not long delay to execute his most just judgmentis, when, after many offenses and long blyndness, grace and mercy offered is contemptuouslie refused.

[580] In edit. 1621, "this nation."

God the Father of oure Lord Jesus Christ, by the power of his Holy Spreit, so illuminat your heartis, that ye may clearlie see what is pleasing and acceptable in his presence; so bow the same till his obedience, that ye may prefer his reveilled will to your awin affectionis; and so strengthen you by the spreit of fortitude, that boldlie ye may punishe vyce, and maintene virtue within this Realme, to the praise and glorie of his Holy name; to the conforte and assurance of your awin Consciences, and to the consolatioun and good example of the Posteriteis following. Amen. So be it.

BY YOUR HONOURIS MOST HUMBLE SERVITOURIS, ETC.

Frome Edinburgh, The 20 of Maij 1560.

ACT OF SECREIT COUNSALL, XXVII JANUARII, ANNO &C., LX^O.[581]