If any think this prejudicial to the tacks and assedations[261] of those that now possess the teinds, let them understand that an unjust possession is no possession before God. Those of whom they received their title and presupposed right were and are thieves and murderers, and had no power so to alienate the patrimony and common good of the Church. And yet we are not so extreme, but that we wish just recompense to be made to such as have disbursed sums of money to those unjust possessors, so that it has not been so disbursed of late days to the prejudice of the Church. Such alienations as are found and known to be made by plain collusion ought in nowise to be sustained by you. For that purpose, we think it most expedient that whosoever have assedation of teinds or churches be openly warned to produce their assedation and assurance, that, cognition[262] being taken, the just tacksman may have a just and reasonable recompense for the years that are to run, the profit of the years passed being considered and deducted; and that the unjust and surmised may be served accordingly. Thus the Church, in the end, may recover her liberty and freedom, and that only for relief of the poor.
Your honours may easily understand that we speak not now for ourselves, but in favour of the poor and the labourers defrauded and oppressed by the priests and by their confederate pensioners. For, while the priests' pensioner's idle belly has been delicately fed, the poor, to whom a portion of that appertains, have pined with hunger. Moreover, the true labourers were compelled to pay that which they ought not: for the labourer is neither debtor to the dumb dog called the bishop, nor yet unto his hired pensioner; but is debtor only unto the Church. And the Church is only bound to sustain and nourish at her charges the persons before mentioned, to wit, the ministers of the Word, the poor, and the teachers of the youth.
But now to return to the former head. The sums able to sustain these forenamed persons, and to furnish all things appertaining to the preservation of good order and policy within the Church, must be lifted from the teinds, to wit, the teind sheaf, teind hay, teind hemp, teind lint, teind fishes, teind calf, teind foal, teind lamb, teind wool, teind cheese, etc. And, because that we know that the tithes reasonably taken, as is before expressed, will not suffice to discharge the former necessity, we think that all things doted to hospitality, all annual rents, both in burgh and land, pertaining to Priests, Chantery,[263] Colleges, Chaplainries, and to Friars of all orders, to the Sisters of the Sciennes, and to all others of that order, and such others within this realm, should be received still to the use of the church or churches within the towns or parishes where they were doted. Furthermore, there should be appropriated for the upholding of the Universities and sustentation of the Superintendents, the whole revenue of the temporality of the Bishops', Deans', and Archdeacons' lands, and all rents of lands pertaining to the Cathedral churches whatsoever. Besides, merchants and rich craftsmen in free burghs, who have nothing to do with the manuring of the ground, must make some provision in their cities, towns, or dwelling-places to support the need of the Church.
To the ministers, and failing these the Readers, must be restored their manses and their glebes; otherwise they cannot serve their flock at all times as their duty is. If any glebe exceed six acres of land, the rest shall remain in the possessor's hands until order be taken therein.[264]
The receivers and collectors of these rents and duties must be the deacons or treasurers appointed from year to year in every church, by common consent and free election of the church. The deacons may distribute no part of that which is collected, but by commandment of the ministers and elders; and they may command nothing to be delivered, but as the Church before hath determined; and the deacons shall pay the sums, either quarterly, or from half year to half year, to the ministers which the Kirk hath appointed. The same they shall do to the schoolmasters, readers, and hospitals, if any be, always receiving acquittances for their discharge.
If any extraordinary sums fall to be delivered, then must the ministers, elders, and deacons consult whether the deliverance of these sums doth stand with the common utility of the Church or not; and if they do universally agree and condescend either upon the affirmative or the negative, then, because they are in credit and office for the year, they may do as best seemeth unto them. But if there be controversy amongst themselves, the whole Church must be made privy; and after the matter has been exponed and the reasons heard, the judgment of the Church, with the ministers' consent, shall prevail.
The deacons shall be bound and compelled to make accounts to the ministers and elders of that which they have received, as oft as the policy shall appoint; and the elders when they are changed, which must be every year, must clear their accounts before such auditors as the Church shall appoint. When the deacons and elders are changed, they shall deliver to them that shall then be elected, all sums of money, corns, and other profits remaining in their hands. The tickets for these must be delivered to the Superintendents in their visitation, and by them to the great Council of the Church, that the abundance as well as the indigence of every church may be evidently known, and that a reasonable equality may be had throughout the whole realm. If this order be precisely kept, corruption cannot suddenly enter. The free and yearly election of deacons and elders will not suffer any one to usurp a perpetual dominion over the Church; the knowledge of the rental shall suffice them to receive no more than whereof they shall be bound to make accounts; and the deliverance of the money to the new officers shall not suffer private men to use in their private business that which appertaineth to the public affairs of the Church.
IX. Of Ecclesiastical Discipline.
1. As no commonwealth can flourish or long endure without good laws, and sharp execution of the same; so neither can the Church of God be brought to purity, nor be retained in the same, without the order of Ecclesiastical Discipline. This is required for reproving and correcting these faults which the civil sword doth either neglect or may not punish. Blasphemy, adultery, murder, perjury, and other capital crimes, worthy of death ought not properly to fall under censure of the Church; because all such open transgressors of God's laws ought to be taken away by the civil sword. But drunkenness, excess (be it in apparel, or be it in eating and drinking), fornication, oppression of the poor by exactions, deceiving of them in buying or selling by wrong mete or measure, wanton words and licentious living tending to slander, do properly appertain to the Church of God, to punish as God's Word commandeth.