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No. I. Vol. I. Page 13.
Letter from Secretary Lethington to the Archbishop
Ayscough's by post ane namit Alexander Bog to mak advertysement f. 77. from to the Q. mother in what state the Q. majestie than in Colleg: was, quhilk indead was not gud, and yet at yesterday with that same bearer it was written onto your L. I think his advertysment was mayr desperate nor theyr appearit caus to many, bot trewly hir majestie was veary sair handellit and lokit hirself for nathing bot death. Sensyne hir majestie is well releavit of the extremitie of bir seiknes, and God hes been sa gratious to this pure countrey in the delivery of her from that danger, that we have great cause to be thankful. Within three hours efter the departure of the messenger, bir hyghness began to better, and this nicht past tuk gude rest, and hes had sick natural evacuations of the humours that causit bir payne that now praysit be God, we think hir out of all danger. By reasoun of Monsieur
Du Croc his advertysement, and the brute quhilk is ay swifter in evil tydings than in gude, I knew your L. wald be ay
payne till ye got new word, and thairfor I thought it my dewty to seik all occasions to mak your L. be with speid informit of the treuth of her recovery to releave you of that burdeyn. For that cause I desyrit Monsieur Du Croc to write to the ambassadour that lyes in Londoun, and I promist by my means to mak his letters be sent from Berwick to Mr. Cecill and by him deliverit in the ambassadours hands. It sall be agains my will gif your Lordship in tymes cuming be sa evill advertysit of all proceedings heir as I heare ye have bene in tymes past. The occasion of the quenis seikness sa far as I understand is causit of thoucht and displeasure and I trow by that I could wring furder of hir awin declaration to me, the rote of it is the king. For scho hes done him sa great honour without the advyse of her frends, and contrary to the advyse of her subjects, and he on the tother part hes recompensit her with sik ingratitude, and misuses himself sa far towards her, that it is ane heartbreak for her to think that he sould be hir husband, and how to be free of him scho sees na outgait. I write freely to your L. as to a man that being employit in the chairge ye beir, suld not be ignorant in quhat estait things stands at hayme, and yit as to a frend with quhom I may safely communicat my opinion. I see betwixt tham na agreement nor na appeirance that thay sall agree weill theirefter. At leist I am assurit that it hes bene hir mynd this gude quhile, and yit is as I write. How sone, or in quhat manner it may change God knawis. Upon some bruyte that raise before her cuming out of Edinbrought, of the kings voyage towards Flanders, or some other country, scho desyrit the noblemen and others of the council to
subscryve letters to the king, Q. mother and Cardinal of Lorrain, containing a discourse of the proceedings betwix the kyng and her. I send you presently the copy of the Q. mothers letter qubairby ye will understand the haill. As any thing occurs 1 sall mak your L. advertysment according to all occasions sall be offered; not as the Queens secretair, because sen my returning to court I haif receaved as yit na chairge to write to your L. But as a man that is willing to do your L. pleasure and service. Giff thayr be any thing in particular ye be willing to burdeyn me with, assure yourself ye baif powar to command me, and sa leaving to trouble your L. ony farder I commit your L. to God. From Jedbrought the 24 of October at nicht 1566. Your L. always to command,
No. II. Vol. I. Page 24.
THE revival of the archbishop's consistorial jurisdiction is denied by Whitaker, who maintains, that it had subsisted from before the reformation without the least interruption. As Bothwell's divorce was the consequence of this revived jurisdiction, and the sole instance in which it was exerted, it became the more necessary to deny the fact; but the evidence to which this writer appeals, seldom fails to establish the very reverse of his assertions. The jurisdiction of the spiritual courts was abolished, and the causes were transferred to the civil judge, by the parliament 1560, before the arrival of Mary, who made no attempt to oppose the acts passed by the protestants with whom she temporized. “ Item thair is certain statutes and ordonancis maid, in quhat manner appellationis and supplicationis per modum querela, sould be pursuit befoir the temporal judge, and na mair befoir the spiritual judge, and siclyke, how letteris (writs) sall be geven upon acts without cursing (excommunication) upon liquidate dett, and four formis for fulfilling of ane deed.” Heads of acts made in the parliament 1560. Keith, 152. In the act of council establishing commissary courts, (Dec. 28, 1563,) “ the causes quhilk the poir leigis had decidit in the consistorie, of befoir, be lang delay of justice are frustrate, and thay compelled to leif the suit of the said caussis; thairfore that the saids caussis may baif the mair summar proces and shorter end,” jurisdictions are erected, “in sundrie partis of this realm for discussing the saidis causis, and commissaries appointit to gif attendance thairupon.” Keith, 251. This act is preposterously quoted as a
proof that the consistories existed then, with a concurrent jurisdiction, when the commissary courts were erected; (Whitaker, iii. 373) in opposition to the plain and obvious meaning of the words, that the causes decided in the consistories formerly, or of befoir, were frustrated by long delays, since they were transferred to the temporal judge; and commissaries are therefore appointed for the summary decision of the said causes, formerly competent to the consistorial courts. In the queen's letter to the court of session, March 1, 1563-4, for “ directing letters (issuing writs) on the decreet of the commissaries newly chosyn; For asmeikle as be cessing of the jurisdiction of the consistories of our realm, the actionse quhilks wer wont to be discussit thairin, hes takin sic lang delay that the lieges of our realm hes been greatly indamnagit thairthrow, we haif gifen commission to certain conimissaries to discuss and de cern sic causis as wes decyded of befóir in the consistorie ;” and by another letter, July 24, 1564, the commissaries are authorized, on the death of persons intestate, to appoint executors, and give datives, or letters of administration, “ siclike and in the same manner as the bishoppis of auld wer wont to give.” Acts of Sederunt, 5-7. The consistories, therefore, had ceased in consequence of the acts 1560, before the commissary courts were erected; and the revival of the archbishop's consistorial jurisdiction is proved by the following record of the signature itself.
The Archbishop of Sanct Androis.
(Privy Seal Record, Book 35. fol. 99.)
Ane letter maid restoring and reponing our soverains weill belovd and traist counsallor Johne Archbishop of Sanct Androiss primat and legat of Scotland; To all