OF MARIAGE.[549]
[549] In edit. 1722, Chap. XIII.
Becaus that Mariage, the blessed ordinance of G.o.d, in this cursed Papistrie hath partlie bene contempned; and partlie hath bene so infirmed, that the personis conjoyned could never be a.s.sured 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 c.u.ming may be best avoyded.
[550] In edit. 1621, "a.s.sured 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 a.s.sistance, how that motioun, which thei judge to be of G.o.d, 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 G.o.d. 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 G.o.d, 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 G.o.d aught not to be hyndered by the corrupt affectionis of worldlie men. The work of G.o.d we call, when two heartis (without filthynes befoir committ.i.t) 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 G.o.d to compell the man that did that injurie to marie his dowghtter; or yf the father will not accept him be rea.s.sone 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 G.o.d, that severe punishement, according as G.o.d hath commanded, be executed against suche wicked offendaris;[554] for we doubt not but suche enorme crymes[555] oppenlie committed, provoketh the wrayth of G.o.d, 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 rea.s.sone of that promeis, which in G.o.ddis presence was no promeise at all. But yf in the yearis of judgment thai have embrased the one the other, then be rea.s.sone 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 p.r.o.nunced frie, and the offendar aught to suffer the death as G.o.d 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 p.r.o.nunce 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 partic.i.p.atioun of the Sacramentis, and of the other benefits of the Churche, (for we wold not that the Churche sould hold those excommunicat whom G.o.d 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 G.o.d, we can not forbid thame to use the remeady ordayned of G.o.d. 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 G.o.d geveth unto us in so doubtsome a case. But the most perfyte Reformatioun war, yf your Honouris wald give to G.o.d 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 G.o.dis 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 unG.o.dlie impunitie of synne have no place within this Realme. For in the fear of G.o.d we signifie unto your Honouris, that whosoever persuadeth unto you, that ye may pardone whair G.o.d commandeth death, deceaveth your saulles, and provokes you to offend G.o.ddis 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 superst.i.tioun, 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 G.o.d. 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 G.o.d 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 superst.i.tious."
[561] In edit. 1621, "superst.i.tious."
[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 superst.i.tious 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 c.u.mpany 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 G.o.d, 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 G.o.d, AND a.s.sEMBLIE 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 superst.i.tioun and a false opinioun, (as befoir is said,) then that thei shall bring suche persones to any G.o.dlie 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 G.o.d, 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 G.o.d, 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 G.o.d 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 gla.s.s, 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 G.o.d, AND DARE PRESUME TO MINISTER THAME, NOT BEING THAIRTO LAUCHFULLIE CALLED.[571]