Act annulling the pretendit excommunicatioun led aganis Maister Robert Montgomerie

Anent the supplicatioun presentit to the kingis majestie and his thrie estatis be Maister Robert Montgomerie, makand mentioun that quhair he, havand faithfullie travellit in the ministrie of the evangell sen the reformatioun of the religioun and being ane pasture almaist the space of xxij yeris bypast, it pleasit our soverane lord gratiouslie to bestow upoun the said Maister Robert the archiebishoprik of Glesgow, then vacand be deceis of umquhill Maister James Boid of guid memorie, at the quhilk tyme the said Maister Robert, humblie craving of the ministeris, his fellow lawboraris, to have obtenit thair consent and agriement thairunto, conforme to his hienes lawis, not onlie wes delayit in that point contrare to equitie and justice, bot likwayis wes in ane pretendit maner excommunicat be Maister Johne Davidsoun, minister at Libertoun kirk, be ane pretendit allegeit commissioun from the generall assemblie to that effect; efter that, his majestie, with avise of the lordis of his hienes secrete counsell, be ane expres act, the parties having interes being callit, comperand and thair reasonis and allegationis hard and considerit, dischargeit the pretendit presbytereis of Edinburgh, Linlithgow and Dalkeyth and all utheris presbytereis, eldershippis, generall and synodall assembleis of all proceding aganis the said Maister Robert for allegeit aspyring of the said bishoprik of Glesgow or trubling or persewing of his brethir for the same or for ony promis maid be him thairanent or ony uther thing depending thairupoun in tyme bygane and of thair offices in that part; and albeit thir yeris bypast the said Maister Robert hes maid maist ernist and humble suit to the said generall assemblie to have bene absolvit fra the foirsaid pretendit sentence, yit wald he not at ony tyme be hard, for quhat caus he is ignorant; thairfoir his majestie and thrie estatis, being assemblit as the soverane jugement of his estate, and the speciall confort and releif to the afflictit and oppressit hes maist humblie suppliit to tak consideratioun of his petious complaint, and speciallie quhen besyid all guid ordour usit in onie reformit estate or be ony warrand of the word of God he wes in pretendit maner foirsaid excommunicatt, albeit in verie deid the said Maister Johne Davidsoun did at na tyme admonis the said Maister Robert to amend or repair ony offence committit be him aganis the law of God and his halie commandementis, with the breking quhairof he wes na wayis chargeit be the said ministrie, bot onlie upoun ane pretendit act of the generall assemblie, quhairby the estate of bischopis is be thame in thair pretendit maner declarit unlawfull, to the quhilk, becaus the said Maister Robert wald not subscrive and renunce oure soverane lordis benefice bestowit upoun him, he wes at that tyme sua wranguslie entraitit, the quhilk he sufferit with the grittar patience becaus our said soverane lord and his maist honorable previe counsell wes at that same verie tyme chargeit in ane presumptuous maner be certane pretendit commissionis, as from the kirk, that his hienes suld not in ony tyme cumming appoint onie bischopis to beir rule or charge in the kirk or comoun welth, threatning the same sentence aganis his hienes and counsell quhilk wes pretenditlie execute aganis the said Maister Robert, quhilk sentence albeit he had justlie deservit be his stubburne disobedience as he hopis, in Goddis merceis, nevir to do, yit guid ordour wald haif requirit that efter diversis admonitionis he suld had bene denunceit at his awin paroche kirk quhair he duellis and not in ane furtiuus maner at the paroch kirk of Libertoun, quhairof he culd haif na knawlege to provyid ony lawfull or godlie remeid thairfoir; and seing the sentence of excommunicatioun is maist feirfull and terrible and be his hienes lawis men thairby debarrit from all civill societie and benefite of his hienes lawis, it appertenis cheiflie to his princelie cair to sie that the same be not abusit to serv the indiscrete appetite of ony men under quhat cullour or pretext so evir; in respect quhairof, fallin downe maist humblie at the feit of his majesties clemencie and wisdome of his thrie estatis, craving that be gratious consideratioun of the treuth he may be relevit and fred from the said pretendit sentence and declarit be his majestie and his estatis capable sum benefice as he, off his gratious guidnes, pleisis to bestow upoun him, likas at mair lenth is contenit in the said supplicatioun. Oure soverane lord and his thrie estatis, efter mature deliberatioun of the contentis thairof, decernis and declaris that his majestie and previe counsell procedit ordourlie in commanding the censure of the ministeris upoun the said Maister Robert to be stayit during his hienes will, for syndrie great and wechtie considerationis moving him, conforme to the said act of secrete counsell; and sen the estate of bishopis is establissit now of new in this present parliament, it is found and declarit be our soverane lord and his estatis that the excommunicatioun deduceit aganis the said Maister Robert, in contempt of our soverane lordis foirsaid act of counsell, is null and of nane availl, force nor effect, and that he may bruik all honouris, dignities and benefices as gif the samyn had never bene done. Alwaysis to tak away all excuis, it is statute and ordinit that the bishoppis and commissioneris to be appointit be his majestie for deprivatioun of ony unworthie in the charge sall try the said Maister Robert in all uther thingis that may be layit to his charge; as alsua it is ordinit and statute that as his majesties counsell did in this mater, sa sall his hienes, his successouris and previe counsell heirefter haif power to stay and suspend the decreittis of ony jugementis inflicting pane and punisinent, alsweill ecclesiasticall as temporall, for ane certane space, upoun speciall causis knawin to him and his foirsaid previe counsell.

  1. NAS, PA2/12, ff.127r-v.