Sessio 6.
Anent the questione moveit to the Assembly, If the Generall Kirk hes power to revoke whatsoever things done be them, or any particular member of the same, to the hurt and prejudice of the Kirk, or not?
The brethren, after reasonyng and disputting in the matter, at lenth votit affirmative in the questione—that the Kirk hes power to doe the same.
Anent the summonds raisit, to this day, by the Elderschip of Striviling against Mr Robert Montgomrie, minister ther of sumtyme, to heir the sentence of suspensione gine in against him from the ministrie allowit be the Generall Assembly; and farder to the clause concernyng his life, manners, and doctrine, and uther things qwhilks the said Assembly sould lay to his charge; as the summonds at length beares: The said Mr Robert being present, and requyrit to answer heirto, before all protestit, that if the Kirk proceeded in any thing against him, or charge him without warrand of the word of God, for remead and answering to the summonds, albeit the Generall Kirk sould not allow any thing deduced in the said proces; because he was never lawfullie summoned thereto, knew nothing thereof his suspension from the ministrie, but the only bruit, nor never was the samen intimat to him, and in so farr as the proces being personall, intimation to him of the said suspension, took instrument thereupon, and offerit to improve the samen in that poynt: With all the qwhilks alleadgences, the Kirk and brether weell advysit, notwithstanding thereof, Finds the said proces, decreit and intimatione thereof, ordourly deducit and proceidit, and the said suspensione well proceidit and gine; reserving nottheless to the said Mr Robert, in the secund instance, to sute reductione and remeid, as appertayneth.
Being farther accused of contraventioune of the said sentence of suspensione be preaching of the word, and ministratione of the sacraments afoir the intimation thereof, he granted the same, but pretended ignorance of the giving of the said sentence.
Before farther reasonyng in this matter, my Lord of Requests presentit to the Kirk, a wryting sent from the King’s Majestie unto them, to declare that his Majestie’s will was, That the Kirk should not trouble the said Mr Robert for any thing concernyng the bischoprick, or that may result thereupon, or of any uther cause bygane, committit be him; but that it might be handlit before his Grace: Qwhilk being reverently receavit and read in open Assemblie, the breither praisit God that movit the King’s heart, to send his Commission to the Assemblie; and as to the action present, with the assistance of God, such attendance sould be gine thereto for his Grace’s request, that nothing sould be handlit belonging to the civill power, and nothing but uprichtlie, sincerly, and with the just judgement pronuncit against him, as they sould answer to God and his heines.
Sessio 7.
Hereafter ane plaine and lange discourse was made openly, of the haill diligence of the brether to qwhom Commissione was gine in the last Assemblie, concernyng the said Mr Robert, and the copies of the charges given to them at his instance, producit, declareing and bearing effectuouslie, witnessing of his knowledge of the said suspensioune, albeit he plainly protestit before God, he never knew of the raising of any of the said charges or executiones thereof; with the qwhilk discourse and confessione of the said Mr Robert, that he had preachit and administrat the sacraments sen the said decreit of suspensione; The Kirk being advysit, in ane voyce, after voting, ffand the said decreit and sentence violat be him, and superceidit to decerne upon the paine of the said contraventione, qwhill the morne that the brether first conveining.
The said Mr Robert demandit the answer of the haill Kirk, if they wald accuse him of any thing concerning the Bischoprick or any thing resulting thereupone: 2dly, That he might have the copy of the large discourse made verballie be the brethren, to the effect he might answer simply to every poynt thereof.
Being removit out of the Assembly, within a little space thereafter compeirit John Burne, messenger, and be vertew of our Soveraigne Lord’s Letters, delyvrit be the Lords of Secreit Councill, inhibit and dischargit the brethren of the Generall Assembly, the Moderator and his Assessors, from directing any citations against Mr Robert Montgomrie, as is therein contenit, wsing of excommunication, innovatione, sclandering or troubling of him in his ministrie, for aspyring to the Bischoprick of Glasgow, or calling or persewing of his breither for the same, or for any promise made be them thereanent, or any uther thing dependand thereupon, in tyme bygane, under the paine of rebellion, and putting of them to the horne; certifyand them and they failzie, he wald denunce them our Soveraigne Lord’s rebells, and put them to his heines horne: of the qwhilk charge he delyverit instantly ane copie qwhilk he subscrived with his awne hand.