The Works of John Knox Volume II Part 27

[488] In edit. 1621, "not excepting."

And that this be gathered in ane commoun box, put in keiping to the Princ.i.p.all of the Theologeanes, everie Princ.i.p.all havand ane key thairof, to be compt.i.t ilk yeare anis, with the relictis of the Princ.i.p.allis to be layed into the samin, about the fivetene day of November, in presence of the Superintendent, Rectour, and the hoill Princ.i.p.allis; and, at thair hoill consent, or at the least the most part thairof, reservit and employit onlie upoun the building and uphalding of the placis, and repairing of the same, as ever necessitie shall require. And thairfore, the Rectour with his a.s.sistance shall be haldin to visite the placis ilk yeir anis, incontinent efter he be promoted, upoun the last of October, or thairby.

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 a.s.sesour 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 a.s.sesouris heirtofore expremit. In all uthir ca.s.ses 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 cla.s.se, and all suche particular effaires, we refer to the discretioun of the Maisteris, Princ.i.p.allis, and Regentis, with thair weill advisit Counsallis; not doubting but yf G.o.d 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 ama.s.se."

THE s.e.xT 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 G.o.d 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 G.o.d author and approver of youre reformatioun, ye must nott follow thair futesteppis; but ye must have compa.s.sioun 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 G.o.ddis 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 rest.i.tutioun, 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 c.u.ming; 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 G.o.dlie 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 appoint.i.t 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 a.s.sedationis of those that now possessis the teyndis, let them understand that ane injust possessioun is no possessioun before G.o.d; for those of whome thei receaved thair t.i.till 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 a.s.sedatioun of teyndis or churches be openlie warnit to produce thair a.s.sedatioun and a.s.surance, 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 pa.s.sed 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 a.s.suming 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, ent.i.tled "Liber Conventus S. Katherine Senensis prope Edinburgum," includes the "Const.i.tutiones 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 s.e.x 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 s.e.x AIKERIS OF LANDIS, EXCEPT MERSCHEALL, MORTOUN, GLENCARNE, AND Ca.s.sILLIS, QUHAIR MANSSES AR OF GRET QUANt.i.tIE.[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 appoint.i.t 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 G.o.d 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 G.o.ddis 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 G.o.d, to punische the same as G.o.ddis 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 G.o.d is compelled to draw the swearde whiche of G.o.d 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 partic.i.p.atioun 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 p.r.o.nunced 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.