matter; they themselves being removed till every man hath given his censure: after the which the persons be ing called [in,] the faults, if any notable be found, are noted, and the persons gently admonished. In that As sembly are all questions and doubts, if any arise, resolved without contention.

5. The ministers of the parish kirks in landwart adjacent to every chiefe town, and the readers, if they have any gift of interpretation, within sixe miles, must concurre and assist these that prophecie within the townes; to the end that they themselves may either learne, or others may learne by them. And moreover men in whom is supposed to be any gifts which might edifie the church if they were well imployed, must be charged by the ministers and elders to joyn themselves with the session and company of interpreters, to the end that the kirk may judge whether they be able to serve to God's glorie, and to the profit of the kirk in the vocation of [the] ministry or not: and if any be found disobedient, and not willing to communicate the gifts and speciall graces of God with their brethren, after sufficient admonition, discipline must proceed against them, provided that the civill magistrate concurre with the judgment and election of the kirk; for no man may be permitted as best pleas eth him to live within the kirk of God, but every man must be constrained by fraternall admonition and correction, to bestow his labours when of the kirk he is required, to the edification of others.

6. What day in the week is most convenient for that exercise, what books of Scripture shall be most profitable to reade, we refer to the judgement of every particular kirk, we meane, to the wisdome of the ministers and elders.

CHAP. XIII,

Of Marriage.

Because that marriage, the blessed ordinance of God, in this cursed Papistry hath partly bene contemned; and partly hath beene so infirmed, that the parties conjoyned

could never be assured in conscience, if the Bishops and Prelates list to dissolve the same; we have thought good to shew our judgements how such confusion in times comming may be avoided.

2. And first publick inhibition must be made, that no person under the power or obedience of others; such as sonns and daughters, and those that be under curators, neither men nor women contract marriage privately and without [the] knowledge of their parents, tutors or cu rators, under whose power they are for the time: which if they doe, the censure and discipline of the kirk [ought] to proceed against them. If any son or daughter, or other [under subjection,] have their hearts touched with the desire of marriage, they are bound to give honour to their parents that they open unto them their affection, asking their counsell and assistance, how that motion, which they judge to be of God, may be performed. If the father, [nearest] friend or maister,* gainestand their request, and have no other cause than the common sort of men have; to wit, lacke of goods, and because they are not so high borne as they require; yet must not the parties whose hearts are touched make any covenant till further declaration be made unto the kirk of God [or civil magistrate:] And therefore after that they have opened their mindes to their parents or such others as have charge over them, they must declare it to the ministery also, or to the civil magistrate, requiring them to travell with their parents for their consent, which to doe they are bound. And if they, to wit, the ministery or magistrate, find no cause that is just, why the marriage required may not be fulfilled, then after sufficient admo nition to the father, friend, master, or superiour, that none of them resist the work of God, the ministery or magistrate may enter in the place of parents, and by consenting to their just requests may admit them to marriage for the worke of God ought not to be hindred by the corrupt affections of worldly men; the work of God we call, when two hearts, without filthinesse before com

:

• Or curator.

mitted, are so joyned, and both require and are content to live together in that holy band of matrimony.

3. If any commit fornication with that woman he re quires in marriage, they do both loose this foresaid be nefit as well of the kirk as of the magistrate; for neither of both ought to be intercessors or advocats for filthy fornicators. But the father, or nearest friend, whose daughter being a virgine is defloured, hath power by the law of God to compell the man that did that injurie to marry his daughter: and if the father will not accept him by reason of his offence, then may he require the dowrie of his daughter; which if the offender be not able to pay, then ought the civil magistrate to punish his body by some other punishment. And because whoredome, for nication, [and] adulterie, are sinnes most common in this realme; we require of your honors, in the name of the eternal God, that severe punishment, according as God hath commanded, be executed against such wicked con temners: for we doubt not but such enormities and crimes openly committed, provoke the wrath of God, as the apostle speaketh, not onely upon the offenders, but upon such places where without punishment they are committed.

4. But to return to our former purpose, marriage ought not to be contracted amongst persons that have no election for lack of understanding; and therefore we affirme that bairns and infants cannot lawfully be married in their minor age, to wit, the man within 14 yeares, and the woman 12 yeares at least; which if it have been, and they have kept themselves alwayes separate, we can not judge them to [be bound to] adhere as man and wife, by reason of that promise, which in God's presence was no promise at all; but if in yeares* of judgement they have embraced the one the other, then by reason+ of that last consent, they have ratified that which others have promitted for them in their youth-head, [and are to be held as married persons.]

5. In a reformed kirk, marriage ought not to be secret、

ly used, but in open face and publick audience of the kirk and for avoiding of dangers, expedient it is that the bannes be publickly proclaimed three [several] Sondayes, unlesse the persons be so knowne that no suspi cion of danger may arise, and then may the time be shortned at the discretion of the ministry; but no wayes can we admit marriage to be used secretly how honourable soever the persons be, [and therefore] the Sonday before noon we think most expedient for mariage, and [that it ought to] be used no day else without the consent of the whole ministerie.

6. Mariage once lawfully contracted, may not be dissolved at man's pleasure, as our master Christ Jesus doth witnes, unlesse adulterie be committed; which being sufficiently proved in presence of the civil magistrate, the innocent, if they so require, ought to be pronounced free, and the offender ought to suffer death as God hath commanded. If the civill sword foolishly spare the life of the offender, yet may not the kirke be negligent in their office, which is to excommunicate the wicked, and to repute them as dead members, and to pronounce the innocent partie to be at freedome, be they never so honourable before the world: [notheless] if the life be spared, as it ought not to be to the offenders, and if fruits of re pentance of long time appeare in them, and if they earnestly desire to be reconciled with the kirk, we judge they may be received to the participation of the sacra ments, and other benefites of the kirk; for we would not that the kirk should hold them excommunicate whom God absolved, that is, the penitent.

7. If any demand, whether that the offender after re conciliation with the kirk, may not marry againe? we answer, that if they cannot live continently, and if the necessity be such as that they feare further offence of God, we cannot forbid them to use the remedy ordained of God. If the partie offended, may be reconciled to the offender, then we judge that on nowayes it shall be lawful to the offender to marry any other, except the partie that before hath been offended; and the solemnization of the latter mariage must be in the open face of

the kirk like as the former, but without proclamation of bannes. This we do offer as the best counsell that God giveth unto us in so doubtsome a case; but the most perfect reformation were, if your honours would give to God his honour and glory, that ye would preferre his expresse commandement to your own corrupt judge. ments, especially in punishing of these crimes, which he commandeth to be punished with death: for so should ye declare your selves God's true obedient officiars, and your common-wealth should be rid of innumerable troubles. We meane not, that sinnes committed in our former blindnesse, which be almost buried in oblivion, shall be called again to examination and judgement; but we require that the law may be now and hereafter so established and execute, that this ungodly impunity of sinne have no place within this realme: for in the feare of God we signifie unto your honours, that whosoever perswades you, that ye may pardon where God commandeth death, deceives your soules, and provokes you to of fend God's Majestie.

CHAP XIV.

Of Buriall.

1. Buriall in all ages hath bene holden in estimation to signifie that the same bodie which was committed to the earth should not utterly perish, but should rise againe [in the last day]: And the same we would have kept within this realme, provided that superstition, idolatry, and whatsoever hath proceeded of a false opinion and for advantage sake* may be avoided, [such] as singing of Masse, Placebo, and Dirige, and all other prayers over or for the dead, which are not onely superstitious and vaine, but also are idolatry, and do repugne to the plaine Scriptures of God. For plaine it is, that every one that dyeth, departeth either in the faith of Christ Jesus, or departeth in incredulity: Plaine it is that they that de

Advantage and gain.