Tenor of the Letter sent be the Duke of Chatlherault his Grace,
to the Generall Assembly.
Grace, mercy, and peace, from God the Father, through Jesus
Christ, we wische to you.
Brethren, We thocht it expedient to certifie yow that being in
France, and hearing the great troubles in this our native countrey,
of conscience and dewtie was compellit to come home, desyreous to
helpe to pacifie the same at our utter power: First to the glory
of God Almightie, and next to the relief of the right sair and
lamentable oppressed trew subjects, quhais innocent blood and
innumerable heirschips, oppressiones, wrongs and slewths that hes
been committit, and daily is upon them, is to us so grievous and
intollerable a burden both in conscience and honor, that we refuse
not only this our native realme, but also the hale warld or it were
not reformit; and albeit in my absence I have sustained wrong, I
assure my owne particular naither in blood, lands, nor gear, is so
heavie to me as the great danger this haill kingdome stands intill,
giue be the grace of Almighty God, and help of the old and natiue
Scotts blood, it be not foreseen and relieved in tyme. Heiring of
your Conventione, brethren, at this tyme, I have send this bearer to
you to declare this to be our full and determinit minde to follow be
the grace of God; First, That the word of God may have free passage
through this haill realme, and that the sacraments may be ministrat
according to the institutione of Christ Jesus his Sone our Saviour:
Next, That every true subject of this realme may live without feare
upon that whilk is justly his owne, according to God’s calling
and commandement. In this cause of this present diversitie of our
native Soveraigne and ane pairt of her subjects, ffor the qwhilk
we are very heartilie sorrie, and as Almightie God knawes innocent
of foirknawledge of any thing, so we would wische all uthers to be
the lyke. Our desyre is, that all hostilitie and troubles might be
pacified according to the command of God, and that the haill Estates
in quiet and peaceable manner may continew, and first calling for
his grace and Holy Spirite of righteous judgement, might consider
the ground and beginning of this altogidder evill deid, I meane the
slaughter of the Queen’s late husband, what hes proceedet thereupon
sinsyne, and what God wald of reasone sould be done therefore; and
this to be devysed either be the haill estates or 25 of the wysist
of the nobilitie chosen be the haill, and to be followit be the whole
people of the realme, whereunto we of the nobilitie and all that
continews under our obedience to the Queen our Soveraigne, sall for
God’s and for the commone weall be found agreeable. I avoyde the
wrougous judgement may be spoken that we wreit this to yow because
of proclamations that the Earle of Murray hes made in diverse shyres
of this realme, to have the people in Glasgow the 10. of March: We
would ye should consider we doe it not for that cause: ffor first as
ye knaw sen before thir troubles begane we have never been in this
countrie before the 25. of this instant Februarii, wherethrough we
might haue shawen our minde herein, and all the people of Scotland
war gathered together, both for nativeness of blood and for good
deserving of my forbears and my selffe, thairs the strenth of the
world quhilk I could wishe myself and find me maist sure; and giue
the said Earle of Morray wold take upon him to invade me or any of my
friends or dependars, or any trew man of this realme, (as I cannot
think he will,) then trust I, that the nobilitie or people will not
assist him thereto, whill first they finde ane cause worthy, and be
declared be the antient lawes of the realme: And though we desyre
thir conventions and forces of men of war to be turnit upon the
thiefes and oppressors of the realme; whereunto we shall be most
ready with our bodies and gear to doe the devoure of noble and trew
men; yet, giue he will persevere to persew us, we doubt not in God
and the justice of our cause, to finde all the noble and trew men so
favourable to us, that it shall not be in his power to doe us wrong
upon particular malice, altogether without deserving. Therefore, we
require you in God’s behalfe to make some of our affaires and mynde
patent unto the people, and giue ye finde not on our pairt socht
here, and offerit that our Christiane professione dewlie requireth,
that ye come and reasone the same with us, where ye shall finde us
reasonable in all causes according to God’s word and equitie, on
qwhaies divyne protectione we committ you. Off Hamiltoune, the 27th
of February.
Your Christiane Brother,
JAMES HAMILTOUNE.
After reading of the said letter, the brethren being advysit
thereupon answerit to the bearer of the letter, That the Kirk would
send some of the brethren to my Lord Regent’s Grace to knaw his
pleasure, whidder they should wreit or send ane certaine of the Kirk
with Commissione frae the same to my Lord Duke’s Grace, schawing and
declareing the opinione of the Kirk touching his Grace’s letter. As
for that same, the haill Kirk gaue Commissione to the brethren, Mrs.
John Spottiswood, John Wynrhame, and John Row, to passe to my Lord
Regent’s Grace, and knaw his pleasure touching the said letter, and
thereafter to passe according to his Grace command, to my Lord Duke’s
Grace, and conferr with him and uthers of the nobilitie whom they
find present, and be all means possible to reconcile the nobilitie
forsaid to the obedience of the King’s Majestie and his Regent; and
farder to doe as the said Commission proports.
Sess. 5^a. March 8, 1568(9).
It was concludeit be the haill brethren assemblit, that an generall
fasting be proclaimit throughout all Scotland, and to begin in
Lawthiane, Fyfe, and sic uther places as may receiue advertisement,
the 13th day of this instant. Thereafter, the Superintendants and
Commissioners of provinces to advertise and begine at sic tymes as
they think expedient, and to continow from the first day to that day
aucht dayes inclusive; and in the meane tyme to use the exercise
accustomed in the Kirk of the first institutione, and als to use
sobrietie in eating and drinking in tyme of the exercise.
Moreover, concludeit that all Superintendants and Commissioners
of provinces shall hereafter institute and use the same order of
fasting, so oft as just occasione shall serve and sall seem meit be
their godlie wisdome, without any farther appointment by the Generall
Assemblie.
That remedie may be provydit against the oppressione of the Earle of
Huntlie and of uthers, who hes deposit the Collectors of the Kirk,
and tyrannouslie placit their owne.
That it may please his Grace and the Secret Councill that the Kirk
from admonitione may passe to farther censures against the said
Earle and all uthers guiltie of the lyke oppression, unto publick
excommunication, in case of his and their contempt.
That the Kirk, without offence of his Majestie, may appoint their
brother Mr Robert Pont where that his labours may be more fruitfull
than they can be for this present in Morray.
That order may be taken that sic odious crymes as this day provoks
God’s displeasure against the haill land, may be punished as God hes
commanded: giue his Grace send us to the Justice Clerk, experience
hes teached us sufficientlie what he hes done in any sic matters.
The Kirk requyres that aines the jurisdiction thereof may be separate
from that whilk is civill.
That the questione of adulterie may once take effect; at leist a
decisione in that heid--whether the adulterer shall be admittit to
the benefite of marriage or not.
[NINETEENTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk conveint in Edinburgh, and
Nather Counsell-house of the same, the 5th of July 1569: In the
quhilk were present the Superintendants, Ministers, Barrons,
and Commissioners of Townes and Kirks.
For eschewing of confusione quhilk might chance in reasoning
amongst the brethren presently conveint, with ane voyce was choysen
for Moderator, William Chrystesone, minister of Dundie, for this
Conventioune, who being present acceptit the office on him.
Sess. 2^a. July 6, 1569.
Anent the defence gine in the Assemblie halden in December 1567,
be Mr John Craige, ane of the ministers of Edinburgh, touching the
proclaiming of the Queene and Earle Bothwell, the said defence being
publickly read, the haill poynts therein conteint be the haill
Assembly maturely considerit; It was funde be the haill brethren that
he had done the dewtie of ane faithfull minister, and had committed
nothing sclanderous to sic as hes righteous judgement, in respect of
the defence forsaid, quhilk was fund both godlie and sufficient for
declaration of his innocencie thereanent, quhilk the haill Assembly
declarit and testified, and ordained the same to be notified to all
and syndrie.
Sess. 3^a. July 7, 1569.
Anent the punischment of adulteries, murther and uthers criminall
and capitall crymes quhilk deserves death, &c. Whether the supreame
Magistrate aught first to declare his minde of his satisfactione and
admissione, or if the Kirk shall receave them to repentance before
the declaratioune of the Magistrats will?
Anent persones guilty of capitall crymes fund the Superintendants,
Ministers, Elders or Deacons of reformit Kirks, to compeir to this
Assembly or any uther hereafter, and the saids persons fund not
compeirand, the Kirk ordaines the saids Superintendants or Ministers
to proceed to excommunication against them, and to notifie to
the Supreame Magistrate so many as for the offences are alreadie
excommunicate, that further punischment may be execute.
Certaine of the Articles presented to my Lord Regent.
That order may be tane for the sustentation of the poor, and that
ane portion of the teynds be appointit for that effect. And in like
manner, that the labourers of the ground may have intromissione to
lead their owne teynds upon reasonable compositioune.
_Item_, That sic as hes pluralitie of benefices may be compellit to
dimitt all save one.
_Item_, That remedie may be provided for chaiping and changing of
benefices, and selling of the same, dimminisching of the rentall, of
setting of lang taks in defraud of the Kirk, and that all taks sett
sen the assumption of the thrids may be disannullit, with express
inhibitioune agains the same in tyme to come.
_Item_, That the jurisdiction of the Kirk may be separate from that
quhilk is ciuill.
Anent this article, my Lord Regent’s Grace ordaines the persones
nominat in the act of Parliament to conveine the tyme of the nixt
chekker, and defyne and limitat the said jurisdictione according to
the word of God and the said act. Extract. ex libro actorum secreti
concilii.