Chapter VI: Off the Privilege of the Universitie

Seing we desire that Innocencie shall defend us rather than Privelege, we think that ilk persoun of the Universitie shuld answeir before the Provest and Baillies of ilk town whaire the Universities ar, of all crymes whairof thai ar accusit, onlie that the Rectour be Assesour to thame in the saidis actionis. In civill materis yf the questioun be betwix memberis of the Universitie on ilk side, making thair residence and exercitioun thairin for the tyme, in that case the partie callit shall not be haldin to answer, but onlie before the Rectour and his Assesouris heirtofore expremit. In all uthir casses of civill persute, the generall reule of the Law to be observit, _Actor sequatur forum rei, &c._

_Item_, That the Rectour and all inferiour memberis of the Universitie be exempted frome all taxationis, impostis, chargeis of weir, or ony othir charge that may onerat or abstract him or thame from the cair of thair office; suche as Tutorie, Curatorie, Deaconrie, or ony siclike, that ar establischeit, or heirefter shall be established in our Common-wealth; to the effect, that but trubill, that ane may wait upoun the upbringing of the youth in learnyng, that othir bestow his tyme onlie in that most necessarie exercitioune.

All othir thingis tuiching the bookes to be red in ilk classe, and all suche particular effaires, we refer to the discretioun of the Maisteris, Principallis, and Regentis, with thair weill advisit Counsallis; not doubting but yf God sall grant quietnes, and gif your Wisdomes grace to set fordward letteris in the sort prescribed, ye shall leave wisdome and learnyng to your posteritie, ane treasure more to be estemed nor ony earthlie treasure ye ar abill to provide[489] for thame; whiche, without wisdome, ar more abill to be thair ruyne and confusioun, than help or confort. And as this is most treu, so we leave it with the rest of the commoditeis to be weyit by your Honouris wisdome, and set fordwart by your authoritie to the most heigh advancement of this Common-wealth, committed to your charge.

[489] In edit. 1621, "to amasse."

THE SEXT HEID, OF THE RENTIS AND PATRIMONY OF THE KIRK.[490]

[490] In edit, 1722, Chap. VIII.

These twa sortis of men, that is to say, the Ministers[491] and the Pure, togidder with the Schollis, when ordour sall be takin thairanent, must be sustened upoun the chargeis of the Churche: And thairfore provisioun must be maid, how and of whome suche soumes must be lifted. But befoir we enter in this heid, we must crave of your Honouris, in the name of the Eternall God and of his Sone Christ Jesus, that ye have respect to your pure brethren, the lauboraris and manuraris of the ground; who by these creuell beastis the Papistis have bene so oppressit,[492] that thair life to thame have bene dolorus and bitter. Yf ye will have God author and approver of youre reformatioun, ye must nott follow thair futesteppis; but ye must have compassioun upoun your brethren, appointing thame to pay so reasonabill teyndis, that thei may feill[493] sum benefit of Christ Jesus, now precheit unto thame.

[491] In edit. 1722, "ministers of the Word."

[492] In edit. 1621, "have before been opprest."

[493] In edit. 1621, "may find."

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."