In respect quhereof it was thoght meit to direct the Bishop of Edinburgh,[52] Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie, Jon. Strauchane, Wm. Hall, Jon. Hay, with the Moderator of the Assemblie, to write a letter to the said brether in their name, [givand them advyce so to frame and send their humble] sute to his Majestie for his pardon and favour to them as may give his Majestie greatest satisfaction, and that the Assemblie earnestlie requeisted his Majestie’s Commissioners and others Noblemen employed be his Majestie to this Assemblie, so soone as their said supplication sould come from them of the tenor forsaid, to concurre be their credit and intercession with his Majestie, to procure them to be [made] partakers of that gracious favour quhilk his Majestie at no tyme heirtofoir refused to any of that profession quhom he fand willing to acknowledge and amend their oversight, and have recourse to his clemencie; for the quhilk declaration the Conference praised God, and thoght good that the brethren sould be written to as is befoir said, and be the brethrin befoir named.
Thereafter, having considered the overture proponed to them in his Majestie’s name, and finding it in shew, to carie some appearance of novation in the discipline of the Kirk, and fearing that it might bring with it some inconvenients: Therfor the Conference wald not take on them to determine their advyce theranent, quhill first the mater were exactlie resolvit in their presence, and sufficient remeid provyded for preventing all inconvenients might follow thereupon: Whereupon a good number of the most learned, godlie, and wysest of the brethren of the Conference, being appointed to reason and heare ane after another; and having exactly and at good length reasoned and examined quhatsumever inconvenients might follow upon the establishing of the said overture, it was considered and found at last to be ane universall voyce and consent of the whole Conference, but contradiction, that the said overture was both wise and godlie, and tending many wayes to the well of the Kirk: Provydeing that certaine cautions were observed for preventing such evils as might happen to fall out incase the said Moderators, or any of them, [should] either arrogantlie presume to usurp any farder power in the saids Presbyteries and Assemblies than it is comelie and lawfull for Moderators in sicke cases to doe, and presentlie and without innovating and altering at their owne fantassies, and at their owne hands, the custome that the discreit Moderators have used and aught to use in that place, or utherwayes be found remisse in proponeing or prosecuting any good purpose or overtouris quhilk sould be giuen in be the brethren or any of them to the saids Presbyteries and Assemblies, and according to the doubts quhilk in reasoning were found out and feared, the cautions following were aggried upon:
1. That it be provyded that the Moderators of Presbytries and provinciall Assemblies to be nominat and chosen according to his Majestie’s overtures, sall presume to doe nothing in the Presbytries and provinciall Assemblies where he moderateis, without the speciall advyse and consent of the brethren.
2. That the acts of the Generall Assemblies and caveats therein prescryved anent Bishops be observed.
3. That they sall vse no jurisdiction or power farder than the Moderators of Presbytries and provinciall Assemblies has bein in use of, be the constitutions of the Kirk befoir.
4. Incase it sall happen the Moderators of Presbyteries and provinciall Assemblies to be absent the time of the convention, then it sall be in the power of the saids provincialls and Presbytries, to nominate and choose out the wisest and gravest or their brether, to moderat their meitings in absence of the saids Moderators.
5. Quhen the place of the Moderator in any Presbyterie sall happen to vaike, the election of another to succeed in his rowme, sall be made be the whole provinciall Assemblie, with consent of his Majestie’s Commissioners, if any happen to be there present for the tyme.
6. And when any of the saids Moderators sall happen to depart this life betwixt Assemblies, it sall be lawfull to the Presbyteries to nominat ane of the gravest and worthiest of the number to continue in the Moderation of the Presbyterie qwhill the nixt provinciall Assemblie.
7. The Moderators of the Presbyteries sall be subject to the tryall and censure of the Provincialls; and in case it sall happen that they be found to be remisse in the discharge of their duetie, or [to have presumed] to usurpe over their brethren any farder power than is given them be their Assemblie, it sall be ane cause to them of deprivation from their office of Moderator, and they sall be depryved therefra be the saids provincialls.