[RESCINDED ACTS OF ASSEMBLY.]
In the Assemblie of the Kirk of Scotland conveint be his Majestie, and halden at Linlithgow, anno 1606.
Sess. 3. 12. Decembris.
In lyke maner the Conference finding that nothing mair weakened the credit and strenth of the ministerie and discipline of the Kirk against Papists, nor mair emboldned the adversares to goe fordward in their erronious course, than the appearances of division in the ministrie amang themselves, and the alienatione quhilk seemeth to be of his Majestie’s mynd from some of them: Therefore, for the removeing of all eye lysts and shew of division and alienation of mynds, either amang the ministers themselves, or of his Majestie’s good affection and favour from any of them, was thocht ane soveragne remedie for the effectuall suppressing of papistrie. And having searched and found out the cause of the distraction, of alienation of mynds forsaids in the ministrie, to be partlie a feare that some of the brether was of purpose, and upon course to subvert the libertie and discipline of the Kirk of Scotland, by removing the Sessiouns, Presbytries, Provinciall and Generall Assemblies, or by vsurping in their awn persons some sick tyrranous and vnlawfull jurisdiction as is no wayes lawfull, neither to be tolerated in a truelie and Christian reformed Kirk, and to shake off that obedience to all good ordour and comelines, established or to be established by the lawfull assemblies with his Majestie’s consent; and particularlie a griefe that some of the brether now banished foorth of his Majestie’s dominions, and uthers diseased, be long warding and relegation from their habitations and charges: And finding lykewayes be the declaration of his Majestie’s commissioners, and sick as were privie to his Majestie’s mynd, that his Hieness was no less grieved with divers formes and actions of some of the ministrie, for not haveand due regard and care to vse sick course in their actions and administration in the Kirk affaires, as might serve to intertain a solid peace and quyetnes betweene his Majestie and them, as lykewayes mutuallie amang themselves, and in speciall, that the charge of their governement was oftentymes almost ordinarlie committed to sick as, for lake of wisdome and experience, was no wayes able to keep their estate in any good frame or quyetnes, quherunto his Majestie imputed the chiefest cause of all the greifes and troubles quhilk had fallen out this lang tyme amangst the ministrie themselves, or any offence given be any of them to his Majestie, and that his Majestie could not be satisfied quhill this inconvenient were first removed, and a faithfull remedie provyded, that thereafter the lyke sould not fall out, quhilk his Majestie summarlie comprehended in this, if the affaires of the Kirk sould be administrat be the wysest and most godlie; wheranent also his Majestie’s speciall overture as heirafter followes, was prepared:
It is his Majestie’s advyse to this Assemblie, and pleasure, that presentlie there be nominat in everie Presbyterie ane of the godlie and most grave, of greatest authoritie and experience, and meitest for governement, to haue the moderation of his Presbyterie quhere he remaines, till the present sturres and fyre of dissention qwhilk is amangs the ministrie, and the great prejudice of the authoritie and credit, and the hinderance of the gospell and his Majestie’s high offence, be qwenshed and taken away; and the noblemen and others professing Papistrie within this kingdome so represt by justice and execution of lawes, or be the labours of the ministrie and discipline of the Kirk, that they be not able to hinder the course of the gospell, or strenthen and encourage the credit and power of laws against them, be committed unto the saids Moderators, and that the Bishops in the Presbyteries qwhere they are resident, in ane of the kirks of the Bishopric, have this care and burden committed unto them; and seeing that it will crediblie fall out that in the Presbytries, through the greatness of parties and the langsumnes and difficultie of processe, the saids Moderators will sometymes be constrained to referre the doing thereof to the Provinciall Assemblie and the Moderator thereof, it is therfor his Majestie’s advyse and pleasure that the Moderator of the Provinciall Assemblie, and persewing of actions of greatest difficultie be comitted unto the Bishop makand lawfull residence within the said province, or to the worthiest of them qwhen it sall happen moe than ane to be in ane province, in respect that his Majestie hes bestowed upon them, moyane and places qwherby they may be able to beare out the charges and burden of difficile and dangerous actions qwhilk other ministers were not able to sustane, and lykewayes by their credit and place in counsell, are able in sick causes, to procure greater celeritie and execution of justice as in sick cases will be requisite, than vthers.
The Conference having advysed, first anent the taking away of the forsaids fiers and suspition and satisfaction of the greifes, and willing to understand of his Majestie’s Commissioners, and sick as latelie had been acquainted with his Majestie’s intentions, and willing lykewise to heare the declaration of the Bishops thereanent as touching their owne intentions and purposes in this errand: It was declareit, that it was not in any wayes his Majestie’s purpose and intention to subvert and overthrow the present discipline of the Kirk of Scotland, but rather to augment and strenthen the samen so farre as it could serve for the well of the gospell and the restraint of vyce, and to sie sick eyelists and offences as in the administration thereof was the occasion of just miscontentment unto his Majestie, and a hinderance to the credit and authoritie of the ministrie themselves, removed and tane away, be sick good overtures as is after expressed.
In signe quhereof, as there is nothing done in derogatione of the halding of the Session, the Presbytries and Provinciall Assemblies, so it was never his Majestie’s intention, but that the keeping of Generall Assemblies at certaine competent tymes was, and is a most necessarie mean for the preservation of peace and union in the Kirk, and extermination of all heresie and schisme in the same: Therefor his Majestie doeth graceouslie declare, that as the Act of Parliament doeth still stand in full force and effect for the conveining of Assemblies anes every zeir by his Majestie’s direction, so it is his Majestie’s will that the day of conveining the next Assembly sallbe at Edinburgh the last Tuesday of July.
Sicklyke, the haill Bishops declarit that it was not their intention to usurpe and exerce any tyrannous and unlawfull jurisdiction and power over the brethren, nor to ingyre themselves any wayes unlawfullie in the Kirkes governement, or any part thereof, farder nor sall be committed to them be the Presbytries, Provinciall or Generall Assemblies; and if it sould happen to fall out that they, or any of them, sould be found to doe [in] the contrair, then, and in that case, they were content to submitt themselves unto the censure of the Kirk, als humblie as any other of the brether of the ministrie.
In lykemaner, it was declared that his Majestie, according to his occasiones,[51] lang ammitie and patience towards sick as happened to offend him of the ministrie, had delayed for a very lang tyme to give foorth any sentence against the brether now banished, still hopeing that by their good behaviour and humble sute for his Hienes’ pardon and favour, his Majestie have occasion to shew his clemencie towards them; and albeit his Majestie beand justlie provocked, was moved to give forth his will anent their banishment, Yet imediatlie, being requested in their favours be the Bishops and other brethren there present with them, it pleased his Majestie to declare that their want of his favour proceidit upon their awin default quho had never humbled themselves to seek his pardon as became them.