The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1584/5/37]1
Act annulling the pretended excommunication led against Master Robert Montgomery
Concerning the supplication presented to the king's majesty and his three estates by Master Robert Montgomery, making mention that where he, having faithfully travailed in the ministry of the evangel since the reformation of the religion and being a pastor almost the space of 22 years past, it pleased our sovereign lord graciously to bestow upon the said Master Robert the archbishopric of Glasgow, then vacant by decease of the late Master James Boyd of good memory, at the which time the said Master Robert, humbly craving of the ministers, his fellow labourers, to have obtained their consent and agreement thereto, according to his highness's laws, not only was delayed in that point contrary to equity and justice, but likewise was in a pretended manner excommunicated by Master John Davidson, minister at Liberton kirk, by a pretended alleged commission from the general assembly to that effect; after that, his majesty, with advice of the lords of his highness's secret council, by an express act, the parties having interest being called, compearing and their reasons and allegations heard and considered, discharged the pretended presbyteries of Edinburgh, Linlithgow and Dalkeith and all other presbyteries, elderships, general and synodal assemblies of all proceeding against the said Master Robert for alleged aspiring of the said bishopric of Glasgow or troubling or pursuing of his brethren for the same or for any promise made by him concerning that or any other thing depending thereupon in time bygone and of their offices in that part; and albeit these years past the said Master Robert has made most earnest and humble suit to the said general assembly to have been absolved from the aforesaid pretended sentence, yet would he not at any time be heard, for what cause he is ignorant; therefore his majesty and three estates, being assembled as the sovereign judgement of his estate, and the special comfort and relief to the afflicted and oppressed has most humbly supplied to take consideration of his piteous complaint, and specially when beside all good order used in any reformed estate or by any warrant of the word of God he was in pretended manner aforesaid excommunicated, albeit in very deed the said Master John Davidson did at no time admonish the said Master Robert to amend or repair any offence committed by him against the law of God and his holy commandments, with the breaking whereof he was no way charged by the said ministry, but only upon a pretended act of the general assembly, whereby the estate of bishops is by them in their pretended manner declared unlawful, to the which, because the said Master Robert would not subscribe and renounce our sovereign lord's benefice bestowed upon him, he was at that time so wrongfully entreated, the which he suffered with the greater patience because our said sovereign lord and his most honourable privy council were at that same very time charged in a presumptuous manner by certain pretended commissions, as from the kirk, that his highness should not in any time coming appoint any bishops to bear rule or charge in the kirk or commonwealth, threatening the same sentence against his highness and council which was pretendedly executed against the said Master Robert, which sentence albeit he had justly deserved by his stubborn disobedience as he hopes, in God's mercies, never to do, yet good order would have required that after diverse admonitions he should had been denounced at his own parish kirk where he dwells and not in a furtive manner at the parish kirk of Liberton, whereof he could have no knowledge to provide any lawful or godly remedy thereof; and seeing the sentence of excommunication is most fearful and terrible and by his highness's laws men thereby debarred from all civil society and benefit of his highness's laws, it appertains chiefly to his princely care to see that the same be not abused to serve the indiscreet appetite of any men under what colour or pretext so ever; in respect whereof, falling down most humbly at the feet of his majesty's clemency and wisdom of his three estates, craving that by gracious consideration of the truth he may be relieved and freed from the said pretended sentence and declared by his majesty and his estates capable of some benefice as he, of his gracious goodness, pleases to bestow upon him, likewise at more length is contained in the said supplication. Our sovereign lord and his three estates, after mature deliberation of the contents thereof, decree and declare that his majesty and privy council proceeded orderly in commanding the censure of the ministers upon the said Master Robert to be stayed during his highness's will, for sundry great and weighty considerations moving him, according to the said act of secret council; and since the estate of bishops is established now of new in this present parliament, it is found and declared by our sovereign lord and his estates that the excommunication deduced against the said Master Robert, in contempt of our sovereign lord's aforesaid act of council, is null and of no value, force nor effect, and that he may possess all honours, dignities and benefices as if the same had never been done. Always to take away all excuse, it is statute and ordained that the bishops and commissioners to be appointed by his majesty for deprivation of any unworthy in the charge shall try the said Master Robert in all other things that may be laid to his charge; as also it is ordained and statute that as his majesty's council did in this matter, so shall his highness, his successors and privy council hereafter have power to stay and suspend the decreets of any judgements inflicting pain and punishment, as well ecclesiastical as temporal, for a certain space, upon special causes known to him and his aforesaid privy council.
- NAS, PA2/12, ff.127r-v.