Item, In the first College, and in the first classe, shallbe ane Reidar of Dealectique,[469] wha shall accomplische his course thairof in one yeare. In the Mathematique,[469] whiche is the secound classe, shalbe ane Reidar who shall compleit his course of Arithmetique,[469] Geometrie, Cosmographie, and Astrologie, in ane yeare. In the third classe, shalbe are Reidar of Naturall Philosophie, who shall compleit his course in a yeare. And wha efter thir thre yearis, by tryell and examinatioun, shall be fund sufficientlie instructit in thir aforesaid sciences, shall be Laureat and Graduat in Philosophie. In the fourt classe, shall be ane Reidar of Medicine, who shall compleit his course in five years: after the study of the whiche tyme, being by examinatioun fund sufficient, thei shall be graduat in Medicine.

Item, In the Secound Colledge, in the first classe, one Reader onlie in the Ethicques, Œconomicques, and Politiques, who shall compleit his course in the space of one yeare. In the secound classe, shall be tuo Reidaris in the Municipall and Romane Lawis, who sall compleit thair coursses in four yeares; after the whiche tyme, being by examinatioun fund sufficient, thei shalbe graduat in the Lawis.

Item, In the third Colledge, in the first classe, ane Reidar of the Hebreu, and ane uther of the Greek toung, wha sail compleit the grammeris thairof in half ane yeare,[470] and the remanent of the yeare, the Reidar of the Hebreu shall interpreit ane booke of Moses, the[471] Propheitis, or the Psalmes; sa that his course and classe shall continew ane yeare. The Reidar of the Greek shall interpreit some booke of Plato, togidder with some place of the New Testament. And in the secound classe, shalbe tuo Reideris in Divinitie, that ane in the New Testament, that uthir in the Auld, who sall compleit thair course in five yearis. After whiche tyme, who sall be fund by examinatioun sufficient shall be graduat in Divinitie.

Item, We think expedient that nane be admittit unto the first Colledge, and to be Suppostis of the Universitie, onles he have frome the Maister of the Schole, and the Minister of the toun whair he was instructed in the toungis, ane testimoniall of his learnyng, docilitie, aige, and parentage; and likewayis triall to be tane[472] be certan Examinatouris, deput be the Rectour and Principallis of the same, and yf he be fund sufficientlie instructit in Dialectick,[473] he shall incontinent, that same yeare, be promoted to the classe of Mathematicque.

Item, That nane be admittit to the classe of the Medicine bot he that shall have his testimoniall of his tyme weall spent in Dialecticque, Mathematique, and Phisicque, and of his docilitie in the last.

Item, That nane be admittit unto the classe of the Lawis, but he that shall have sufficient testimoniallis of his tyme weill spent in Dialecticque, Mathematique, Phisique, Ethick, Œconomiques, and Pollitiques, and of his docilitie in the last.

Item, That nane be admittit unto the classe and seige of Divines[474] bot he that shall have sufficient testimonialles of his tyme weill spent in Dialecticque, Mathematicque, Phisique, Ethique, Œconomique, Morall Philosophie,[475] and the Hebreu toung, and of his docilitie in the Morall Philosophie and the Hebreu toung. But neathir shall suche as will applye them to hear the Lawis, be compelled to heir Medicine; neathir suche as applye them to hear Divinitie be compellit to hear eathir Medicine or yit the Lawis.

Item, In the Secound Universitie, whiche is Glasgu, shalbe twa Colledgeis alanerlie. In the first shalbe ane classe of Dialecticque, ane uther in Mathematicque, the thrid in Phisique, ordourit in all sortis as Sanctandrois.

Item, In the Secound Colledge, four classes; the first in Morall Philosophie, Ethiques, Œconomiques, and Pollitiques; the secound of the Municipale and Romane Lawis; the thrid of the Hebreu toung; the fourt in Divinitie: Which shall be ordourit in all sortis, conforme to it we have writtin in the ordour of the Universitie of Sanctandrois.[476]

The Thrid Universitie of Abirdene shall be conforme to this Universitie of Glasgou, in all sortis.

Item, We think neidfull, that thair be chosin of the body of the Universitie to everie Colledge a man[477] of learnyng, discretioun, and diligence, who shall resave the haill rentis of the Colledge, and distribute the same according to the erectioun of the Colledge, and shall dalie hearkin the dyet comptis; adjoynyng to him oulklie ane of the Readeris or Regentis, above whome he shall [take] attendence upoun thair diligence, alsweill in thair reading, as exercitioun[478] of the youth in the mater taught; upoun the polecye and uphold of the place; and for punischement of crymes, shall hald ane oulklie[479] conventioun with the haill memberis of the Colledge. He shall be comptabile yearlie to the Superintendent, Rectour, and rest of the Principallis convened, about the first of November. His electioun shalbe in this sort: Thair shalbe thre of the maist sufficient men of the Universitie, (not Principallis alreaddie,) nominat by the memberis of the College, sworne to follow thair conscience, whais Principall is departed, and publictlie proponed throu the whole Universitie. Efter the whiche tyme eght dayis, the Superintendent, by him self or his speciall Procuratour, with the Rectour and rest of the Principallis, as are chaptour convened, shall conferme ane of the three thei think maist sufficient, being afore sworne to do the same with singill ee,[480] but respect to feid or favour.

Item, In everie Colledge, we think neidfull at the least ane Steward, ane Cooke, ane Gardnar, ane Portar, wha shall be subject to discipline of the Principale, as the rest.

Item, That everie Universitie have ane Beddale subject to serve at all tymes throuchout the whole Universitie, as the Rectour and Principallis shall command.

Item, That everie Universitie have ane Rectour chosin from yeare to yeare as shall follow. The Principallis being convened with the haill Regentis chaptourlie, shall be sworne, that everie man in his roume shall nominat suche one as his conscience shall testifie to be maist sufficient to beare suche charge and dignitie; and thre of them that shalbe oftest nominat shalbe put in edict publictlie, fiftene dayis afore Michaelmess; and then shall on Michaelmess Evin convene the hoill Principallis, Regentis, and Suppostis that ar graduat, or at the least studyit thair tyme in Ethiques, Œconomiques, and Pollitiques, and na utheris youngare; and everie natioun, first protestand in[481] Goddis presence to follow the sinceir ditement of thair consciences, shall nominat ane of the said thre; and he that hes monyest votis shall be confermit be the Superintendent and Principall, and his dewitie with ane exhortatioun proponed unto him: And this to be the 28 day of September; and thairefter aithis to be takin,[482] hinc inde, off his just and godlie governement, and of the remanentis lauchfull submissioun and obedience. He shall be propyned[483] to the Universitie at his entre, with ane new garment, bearing Insignia Magistratus; and be halden monethlie to visie everie Colledge,[484] and with his presence decore and examyn the lectionis and exercitioun thairof. His assessoris shalbe ane laweir and ane theolog, with whois advise he shall decide all questionis civill, betwix the memberis of the Universitie. Yf ony without the Universitie persew ane member thairof, or be persewit be ane member of the samin, he shall assist the Provest and Baillies in thei casses, or uthir judgeis competent, to see justice be ministred. In likewise, yf ony of the Universitie be criminallie persewit, he shall assist the Judgeis competent, and se that justice be ministred.

Item, We think it expedient, that in everie Colledge in everie Universitie, thair be twenty-four bursaris,[485] divided equalie in all the classes and seigeis, as is above exprimit: that is, in Sanctandrois, seventie-tua bursaris; in Glasgou, fourtye-eyght bursaris; in Abirdene, fourty-eyght; to be sustened onlie in meit upon the chargeis of the Colledge; and be admitted at the examinatioun of the Ministerie and chaptour of Principallis in the Universitie, alsweill in docilitie of the personis offerit, as of the habillitie of thair parentis to sustene thame thair selvis, and nocht to burding the Common-wealth with thame.

V. Off Stipendis and Expensses necessarie.

Item, We think expedient, that the Universiteis be doted with temporall landis, with rentis and revenewis of the Bischopriks temporalitie, and of the Kirkis Collegiat, sa far as thair ordinarie chargeis shall require; and thairfore, that it wald please your Honouris, be advise of your Honouris Counsall and voit of Parliament, to do the samin. And to the effect the same may be schortlie expediat, we have recollected the soumes we think necessarie for the samin.

Imprimis, For the ordinarie Stipend of the Dialecticiane Reidar, the Mathematiciane, Phisitiane, and Morall Philosophie, we think sufficient ane hundreth pundis for everie ane of thame.

Item, For the Stipend of everie Reader in Medicine and Lawis, ane hundreth threttie thre pundis, vi s. viij d.

Item, To everie Reidar in Hebrew, Greik, and Divinitie, twa hundreth pundis.

Item, To everie Principall of a Colledge, ij lb.

Item, To everie Stewart, sextene pundis of fie.

Item, To everie Gardnar, to everie Cuke, and Portar, ilkane, ten markis.

Item, To the Burde of everie Bursar, without the Classes of
Theologie and Medicine,[486] twenty pundis.

Item, [To every Bursar] in the Classe of Theologie, whiche will be onlie twelf personis in Sanctandrois, 24 lib.

Item, the Beddellis Stipend shalbe of everie entrant and suppost of the Universitie, ii. schillingis; off everie ane graduat in Philosophie, thre schillingis; off everie ane graduat in Medicine or Lawis, 4 schillingis; in Theologie, 5 schillingis; all Bursis being exceptit.

Item, We have thocht gude for building and uphald of the placis, ane general collect be maid; and that everie Erlis sone, at his entre to the Universitie, shall gif fourtye schillingis, and sicklike at everie graduatioun, 40 schillingis. Item, Everie Lordis sone sicklike at ilk tyme, 30 schillingis; ilk fre halding Baronis sone, twentye schillingis: everie Fewar and substantious Gentilmannis sone, ane mark. Item, Everie substantious Husband and Burges sone, at ilk tyme, ten schillingis: Item, Everie ane of the rest, (excepting[488] the Bursaris,) 5 schillingis at ilk tyme.

And that this be gathered in ane commoun box, put in keiping to the Principall of the Theologeanes, everie Principall havand ane key thairof, to be comptit ilk yeare anis, with the relictis of the Principallis to be layed into the samin, about the fivetene day of November, in presence of the Superintendent, Rectour, and the hoill Principallis; 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 assistance 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 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.

The Sext Heid, of the Rentis and Patrimony of the Kirk.[490]

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.

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.

* 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.

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.

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.

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.

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]

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.

The Sevint Heid, of Ecclesiasticall Discipline.[506]

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.

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.

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.

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.

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.

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]

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.

II. The Ordoure for Publict Offendaris.

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.

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.

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.

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.

To Discipline must all Estaitis within this Realme be subject, yf thay offend,[520] alsweil the Reullaris as thay that are reulit; yea and the Preachearis thame selfis, alsweill as the poorest within the Churche. And becaus the eye and mouth of the Churche aught to be most single and irreprehensibill, the life and conversatioun of the Ministers aucht most diligentlie to be tryed. Whairof we shall speake, efter that we have spokin of the electioun of Elderis and Deaconis, who must assist the Ministeris in all public effaires of the Churche, &c.[521]

The Eyght Heid, tuiching the Electioun off Elderis and Deaconis, &c.[522]

Men of best knawledge in Goddis word, of cleanest life, men faithfull, and of most honest conversatioun that can be fund in the Churche, must be nominated to be in electioun; and the names of the same must[523] be publictlie red to the whole Kirk by the Minister, geving thame advertisement, that frome amongest these must be chosin Elderis and Deaconis. Yf anye of the nominated be noted with publict infamye, he aught to be repelled; for it is not seamlie that the servand of corruptioun shall have authoritie to judge in the Churche of God. Yf anye man knowis utheris of better qualiteis within the Churche then these that beis nominated, lat thame be put in electioun, that the Church may have the choise.