Anent the remanent Articles of the said conferrence: It was thocht good, first, to lay some grounds to reasone on: And, first, after reasonyng, it was concludit, that it is lawfull to the Generall Assemblie, to admitt a pastor or minister having a benefice presentit be the King’s Majestie unto the same: Sicklyke that visitatione is in the persone of pastors: Item, The Generall Assembly may send a man, accompanyed with such as the Presbytrie shall adjoyne to him in visitatione.
Sessio 10.
In answering to the heads of the conferrence had betwixt certaine of his Majestie’s Councill, and certaine of the brether at his command, the haill Assemblie declairs, that [by] the name of a Bischope, they only meine of such a Bischope as is descryvit be Paull; and swa understanding, they agree with the 3d Article of the said conferrence. Concernyng the 4th Article, it is agreed, that the Bischop may be appoyntit be the Generall Assemblie to visite certaine bounds to be limitat to him; and, in visitatione thereof, he shall proceed be the advyce of the Synodall Assembly, and such as they shall adjoyne to him. In receaving of presentationes and collationes, giving of benefices, he shall proceed be the advyce and vote of the Presbytrie qwhere the benefice lyis, and of certaine Assessors to be joynit to him, at the leist of the maist pairt of the Presbytrie and Assessors, unto the tyme the Presbytrie be better constitute, and the Generall Kirk take farther order. The same Assessors, at the first time, shall be nominat be the Generall Assembly.
Sessio 11.
He shall be subject, in respect he is a pastor as uther pastors are, to be tryit and censured in his lyfe and doctrine be the Presbytrie or Synodall Assemblie; and, because he hes Commissione of the Generall Assemblie, in that respect to be tryit be them. If he admitt or depryve without the maist pairt of the Presbytrie’s consent and Counsell, the deed to be null, and the doing thereof to be ane sufficient cause of deprivatione of him: his power to be ordinis causa, non jurisdictionis. Where they that commonly are callit Bischops may not overtake the haill bounds, callit of old Diocie, Commissioners shall be presentit be his Majestie to the Generall Assemblie, and admittit be them thereto, as the said Bischops are to theirs, and to be comptable allanerlie to the said Assemblie for their Commissione; and the Bischops to have no power within their bounds more than they have within his bounds, The Commissioners, being elect as said is, to have a like counsell and power in the execution of their office as the Bischops hes: That the Commissioners appoyntit to visite in their Presbytries or their particular kirks, as the Presbytries or Synodall Assemblies think good—not prejudging the Presbytrie’s particular visitatione. The same cause of lyfe and doctrine to depryve a Bischop or Commissioner that depryves a minister. The 14th Article agreit to. Anent the Assemblies, the first Article agreit to also.
The Commissioners of the King’s Majestie protestit, in respect the Assembly had casten down that qwhilk was requyrit in the Conferrence halden att Halyrudehouse, that nothing be done therein mair in the said Conferrence, nor this Assembly, have any force or effect; and namely, in respect they have subject Bischops to the tryall and censure of the Presbytrie and Synodall Assemblies: In respect of the qwhilk protestatione, the Assembly immediatly direct to the King’s Majestie Mrs Robert Pont, James Martine, and Patrick Galloway, to informe his Grace concerning this matter.
Sessio 12.
The brether direct to the King’s Majestie yesternight, reportit, that his Majestie could not agrie that Bischops and Commissioners sould be utherwayes tryit then be Generall Assemblie. In respect of the tyme, the Assemblie hes thocht it expedient, That albeit it be thocht lawfull and reasonable be them, that the tryall and censuring of pastores be in the Presbytries qwhair they remain, nottheless, that the tryall and censuring of such pastors as the Generall Assembly shall giue Commissione to visit, shall be in the hand of the said Assembly, or such as they shall deput, qwhill farder order be taine be the Generall Assembly.
Ordaynes Mr Andrew Melvill to penne a favourable letter to the French Ministers qwho are to repaire within the countrie to the King’s Majestie’s licence, assureing them of the travells of the Kirk at his Hienes’ hand and burrowes.