The First Book of Discipline

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The complete Sixth Head (Of the Rents and Patrimony of the Kirk) and Eighth Head (Touching the Election of Elders and Deacons), reproduced from the modern-spelling text at reformationhistory.org. Bracketed glosses are the source edition’s.

The Sixth Head: Of the Rents and Patrimony of the Kirk

These two sorts of men, that is to say, the ministers and the poor, together with the schools, when order shall be taken thereabout, must be sustained upon the charges of the church. And therefore provision must be made, how and of whom such sums must be lifted. But before we enter in this head, we must crave of your honours, in the name of the eternal God, and of his Son Christ Jesus, that ye have respect to your poor brethren, the labourers and manurers of the ground; who by these cruel beasts, the Papists, have been so oppressed that their life to them has been dolorous and bitter. If ye will have God author and approver of your reformation, ye must not follow their footsteps; but ye must have compassion upon your brethren, appointing them to pay so reasonable teinds [tithes], that they may feel some benefit of Christ Jesus now preached unto them.

With the grief of our hearts we hear that some gentlemen are now as cruel over their tenants as ever were the Papists, requiring of them whatsoever before they paid to the church; so that the Papistical tyranny shall only be changed into the tyranny of the lord or of the laird. We dare not flatter your honours, neither yet is it profitable for you that so we do. If you permit such cruelty to be used, neither shall ye, who by your authority ought to gainstand such oppression, neither [shall] they that use the same, escape God’s heavy and fearful judgments. The gentlemen, barons, earls, lords, and others, must be content to live upon their just rents, and suffer the church to be restored to her liberty, that, in her restitution, the poor, who heretofore by the cruel Papists have been spoiled and oppressed, may now receive some comfort and relaxation.

Neither do we judge it to proceed from justice that one man shall possess the teinds of another; but we think it a thing most reasonable, that every man have the use of his own teinds, provided that he answer to the deacons and treasurers of the church of that which justly shall be appointed unto him. We require deacons and treasurers rather to receive the rents, nor the ministers themselves; because that of the teinds must not only the ministers be sustained, but also the poor and schools. And therefore we think it most expedient that common treasurers, to wit, the deacons, be appointed from year to year, to receive the whole rents appertaining to the church; and that commandment be given, that no man be permitted either to receive either yet to intromit with anything appertaining to the sustenance of the persons foresaid, but such as by common consent of the church are thereto appointed.

If any think this prejudicial to the tacks and assedations [holdings and leases] of those that now possess the teinds, let them understand that an unjust possession is no possession before God; for 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 of late days in prejudice of the church); but such as are found and known to be done of plain collusion in no wise ought to be maintained of you. And for that purpose, we think it most expedient that whosoever have assedation [lease] of teinds or churches be openly warned to produce their assedation and assurance, that cognition being taken, the just tacksman [lessee] 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 the unjust and surmised may be served accordingly. So that 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 that the priest’s pensioner’s idle belly is delicately fed, the poor, to whom a portion of that appertains, were pined with hunger; and 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, neither yet unto his hired pensioner; but is debtor only unto the church. And the church is only bound to sustain and nourish of 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 off the teinds: to wit, the teind sheaf, teind hay, teind hemp, teind lint [flax], teind fish, 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 [endowed] to hospitality, all annual rents, both in burgh and land, pertaining to priests, chantries, colleges, chaplainries, and to friars of all orders, to the sisters of the Sienine, and to all others of that order, and such others within this realm, be received still to the use of the church or churches within the towns or parishes where they were doted. Furthermore to the upholding of the universities and sustenance of the superintendents, the whole revenue of the temporality of the bishops’, deans’, and archdeans’ lands, and all rents of lands pertaining to the cathedral churches whatsoever. And further, 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, for to support the need of the church.

To the ministers, and failing thereof the readers, must be restored their manses and their glebes [lands]; for else they cannot seize their flock at all times as their duty is. If any glebe exceed six acres of land, the rest to remain in the possessor’s hands, while order is taken therein.

The receivers and collectors of these rents and duties must be the deacons or treasurers appointed from year to year in every church, and that 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 has determined; to wit, the deacons shall of the first pay the sums, either quarterly, or from half year to half year, to the ministers which the kirk has appointed. The same they shall do to the schoolmasters, readers, and hospitals (if any be), always receiving acquittances [receipts] for their discharge.

If any extraordinary sums lie [remain] to be delivered, then must the ministers, elders, and deacons consult whether the deliverance of those sums does 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 seems unto them. But if there is controversy amongst themselves, the whole church must be made privy; and after that the matter be exponed [explained], and the reasons heard, the judgment of the church with the minister’s 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. And both the deacons and elders being changed, shall deliver to them that shall be now elected, all sums of money, corns, and other profits resting in their hands; the tickets whereof must be delivered to the superintendents in their visitation, and by them to the great council of the church, that as well the abundance as the indigence of every church may be evidently known, that a reasonable equality may be had throughout the whole realm. If this order is precisely kept, corruption cannot suddenly enter. For the free and yearly election of deacons and elders shall suffer none 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; the deliverance of the money to the new officers shall not suffer private men [to] use in their private business that which appertains to the public affairs of the church.

The Eighth Head: Touching the Election of Elders and Deacons, etc.

Men of best knowledge in God’s word, of cleanest life, men faithful, and of most honest conversation that can be found in the church, must be nominated to be in election; and the names of the same must be publicly read to the whole kirk by the minister, giving them advertisement that from amongst these must be chosen elders and deacons. If any of the nominated is noted with public infamy, he ought to be repelled; for it is not seemly that the servant of corruption shall have authority to judge in the church of God. If any man knows others of better qualities within the church than those that are nominated, let them be put in election, that the church may have the choice.

If churches are of smaller number than that seniors and deacons can be chosen from amongst them, then may they well be joined to the next adjacent church; for the plurality of churches, without ministers and order, shall rather hurt than edify.

The election of elders and deacons ought to be used every year once (which we judge to be most convenient the first day of August); lest that by long continuance of such officers, men presume upon the liberty of the church. It hurts not that one man is retained in office more years than one, so that he is appointed yearly, by common and free election; provided always, that the deacons, treasurers, be not compelled to receive the office again for the space of three years.

How the votes and suffrages may be best received, so that every man may give his vote freely, every several church may take such order as best seems to them.

The elders being elected must be admonished of their office, which is to assist the minister in all public affairs of the church: to wit, in judging and discerning causes; in giving of admonition to the licentious liver; in having respect to the manners and conversation of all men within their charge; for by the gravity of the seniors, the light and unbridled life of the licentious ought [to] be corrected and bridled.

Yea, the seniors ought to take heed to the life, manners, diligence, and study of their ministers. If he is worthy of admonition, they must admonish him; of correction, they must correct him. And if he is worthy of deposition, they, with consent of the church and superintendent, may depose him, so that his crime so deserves. If a minister is light in conversation, by his elders and seniors he ought to be admonished. If he is negligent in study, or one that vakes [attends] not upon his charge and flock, or one that propones not fruitful doctrine, he deserves sharper admonition and correction. To the which, if he is found stubborn and disobedient, then may the seniors of one church complain to the ministry of the two next adjacent churches, where men of greater gravity are; to whose admonition, if he is found disobedient, he ought to be discharged from his ministry till his repentance appears, and a place is vacant for him.

If any minister is deprehended in any notable crime, as whoredom, adultery, murder, man slaughter, perjury, teaching of heresy, or any such as deserve death, or [that] may be a note of perpetual infamy, he ought to be deposed for ever. By heresy, we mean pernicious doctrine plainly taught, and obstinately defended, against the foundation and principles of our faith. And such a crime we judge to deserve perpetual deposition from the ministry; for most dangerous we know it to be, to commit the flock to a man infected with the pestilence of heresy.

Some crimes deserve deposition for a time, and while [until] the person gives declaration of greater gravity and honesty: as if a minister is deprehended drunk, in brawling or fighting, an open slanderer, an infamer of his neighbour, factious and [a] sower of discord, he may be commanded to cease from his ministry, till he declare the signs of repentance; upon the which, the church shall abide him the space of twenty days or further, as the church shall think expedient, before that they proceed to a new election.

Every inferior church shall by one of their seniors and one of their deacons, once in the year, notify unto the ministry of the superintendent’s church, the life, manners, study, and diligence of their ministers, to the end that the discretion of some may correct the lenity of others.

Not only may the life and manners of the ministers come under censure and judgment of the church, but also [the life and manners] of their wives, children, and family. Judgment must be taken, that he neither lives riotously, neither yet avariciously; yea, respect must be had how they spend the stipend appointed to their living. If a reasonable stipend is appointed, and they live avariciously, they must be admonished to live so as they receive; for as excess and superfluity is not tolerable in a minister, so is avarice and the careful solicitude of money and gear utterly to be damned in Christ’s servants, and especially in those that are fed upon the charge of the church. We judge it unseemly and not tolerable that ministers shall be boarded in common ale-houses or taverns.

Neither yet must a minister be permitted to frequent and commonly haunt the court, unless it is for a time, when he is either sent by the church, either yet called for by the authority for his counsel and judgment. Neither yet must he be one of the council in civil affairs, be he never judged so apt for that purpose; but either must he cease from the ministry (which at his own pleasure he may not do), or else from bearing charge in civil affairs, unless it is to assist the parliament, if he is called.

The office of the deacons, as is before declared, is to receive the rents and gather the alms of the church, to keep and distribute the same, as by the ministry of the kirk shall be appointed. They may also assist in judgment with the ministers and elders, and may be admitted to read in the assembly if they are required, and are found able thereto.

The elders and deacons, with their wives and households, must be under the same censure that is prescribed for the ministers: for they must be careful over their office; and seeing that they are judges to the manners of others, their own conversation ought to be irreprehensible. They must be sober, humble, lovers and entertainers of concord and peace; and, finally, they ought to be the example of godliness to others. And if the contrary thereof appears, they must be admonished by the minister, or by some of their brethren of the ministry, if the fault is secret; and if it is open and known, it must be rebuked before the ministry, and the same order kept against the senior or deacon, that before is described against the minister.

We think it not necessary that any public stipend shall be appointed either to the elders, or yet to the deacons, because their travail continues but for one year; and also because that they are not so occupied with the affairs of the church, but that reasonably they may attend upon their domestical business.