realme, the stait yairof hes nevir failzeit, bot hes remanyt evir obedient to oure progenitouris, and in our tyme mair thankefull to Ws, nor evir yai wer of before.’ This letter, which, in several points of view, is worth reading, will be found in State Papers of Henry VIII., vol. v. pp. 188–190, 4to, 1836.
136
Tytler's History of Scotland, vol. iv. pp. 212, 213, and Arnot's History of Edinburgh, 4to, 1788, p. 468: ‘fifteen ordinary judges, seven churchmen, seven laymen, and a president, whom it behoved to be a churchman.’ The statute, as printed in the folio edition of 1814 (Acts of the Parliaments of Scotland, vol. ii. p. 335) says ‘xiiij psouñs half spūale half temporall wt ane president.’ Mr. Lawson (Roman Catholic Church in Scotland, Edinburgh, 1836, p. 81) supposes that it was the Archbishop of St. Andrews who advised the erection of this tribunal.
137
Keith, who evidently does not admire this part of the history of his country, says, under the year 1546, ‘Several of our nobility found it their temporal interest, as much as their spiritual, to sway with the new opinions as to religious matters.’ Keith's Affairs of Church and State, vol. i. pp. 112, 113. Later, and with still more bluntness: ‘The noblemen wanted to finger the patrimony of the kirkmen.’ vol. iii. p. 11.
138
‘In the month of August (1534), the bishops having gotten fitt opportunitie, renewed their battell aganest Jesus Christ. David Stratilon, a gentelman of the House of Lawrestoune, and Mr. Norman Gowrlay, was brought to judgement in the Abby of Halyrudhouse. The king himself, all cloathed with reid, being present, grait pains war taken upon David Stratoun to move him to recant and burn his bill; bot he, ever standing to his defence, was in end adjudged to the fire. He asked grace at the king. The bishops answred proudlie, that “the king's hands war bound, and that he had no grace to give to such as were by law condemned.” So was he, with Mr. Norman, after dinner, upon the 27th day of Agust, led to a place beside the Rude of Greenside, between Leth and Edinbrug, to the intent that the inhabitants of Fife, seeing the fire, might be striken with terrour and feare.’ Pitcairn's Criminal Trials in Scotland, vol. i. part i. p. 210*. Also Calderwood's History of the Kirk of Scotland, vol. i. pp. 106, 107.
139
‘It appears, by a letter in the State-paper Office, that Henry remonstrated against this title being given to James.’ Tytler's History of Scotland, vol. iv. p. 223. See also p. 258.
140
In 1535, ‘his privy council were mostly ecclesiastics.’ Ibid. vol. iv. p. 222. And Sir Ralph Sadler, during his embassy to Scotland in 1539–40, writes: ‘So that the king, as far as I can perceive, is of force driven to use the bishops and his clergy as his only ministers for the direction of his realm. They be the men of wit and policy that I see here; they be never out of the king's ear. And if they smell any thing that in the least point may touch them, or that the king seem to be content with any such thing, straight they inculk to him, how catholic a prince his father was, and feed him both with fair words and many, in such wise as by those policies they lead him (having also the whole governance of his affairs) as they will.’ State Papers and Letters of Sir Ralph Sadler, Edinb., 1809, 4to, vol. i. p. 47.
141
State Papers of Henry VIII., vol. v. p. 128. A Diurnal of Occurrents, p. 22. The Reverend Mr. Kirkton pronounces that the new queen was ‘ane egge of the bloody nest of Guise.’ Kirkton's History of the Church of Scotland, edited by Sharpe, Edinburgh, 1817, 4to, p. 7.
142
‘At his return home, he was made coadjutor, and declared future successor to his uncle in the primacy of St. Andrews, in which see he came to be fully invested upon the death of his uncle the next year, 1539.’ Keith's Catalogue of Scotch Bishops, pp. 23, 24.
143
M'Crie's Life of Knox, p. 20. Spottiswoode's History of the Church of Scotland, vol. i. p. 139. Lawson's Roman Catholic Church in Scotland, p. 178. Wodrow's Collections upon the Lives of the Reformers, vol. i. p. 100.
144
Tytler (History of Scotland, vol. iv. p. 241) says, that the cruelties of 1539 forced ‘many of the persecuted families to embrace the interests of the Douglases.’
145
It is asserted of the Douglases, that, early in the sixteenth century, their ‘alliances and power were equal to one-half of the nobility of Scotland.’ Brown's History of Glasgow, vol. i. p. 8. See also, on their connexions, Hume's House of Douglas, vol. i. pp. xix. 252, 298, vol. ii. p. 293.
146
Henry VIII., ‘in the year 1532, sought it directly, among the conditions of peace, that the Douglas, according to his promise, should be restored. For King Henry's own part, he entertained them with all kind of beneficence and honour, and made both the Earl and Sir George of his Privy Council.’ Hume's History of the House of Douglas, vol. ii. pp. 105, 106. James was very jealous of any communication taking place between the Douglases and his other subjects; but it was impossible for him to prevent it. See a letter which he wrote to Sir Thomas Erskine (in Miscellany of the Spalding Club, vol. ii. p. 193, Aberdeen, 1842, 4to), beginning, ‘I commend me rycht hartly to yow, and weit ye that it is murmuryt hyr that ye sould a spolkyn with Gorge and Archebald Dougles in Ingland, quhylk wase again my command and your promys quhan we departyt.’ See also the cases of Lady Trakware, John Mathesone, John Hume, and others, in Pitcairn's Criminal Trials in Scotland, vol. i. part i. pp. 161*, 177*, 202*, 243*, 247*.
147
‘The Douglases were still maintained with high favour and generous allowances in England; their power, although nominally extinct, was still far from being destroyed; their spies penetrated into every quarter, followed the king to France, and gave information of his most private motions; their feudal covenants and bands of manrent still existed, and bound many of the most potent nobility to their interest; whilst the vigour of the king's government, and his preference of the clergy to the temporal lords, disgusted these proud chiefs, and disposed them to hope for a recovery of their influence from any change which might take place.’ Tytler's History of Scotland, vol. iv. pp. 229, 230. These bonds of manrent, noticed by Tytler, were among the most effective means by which the Scotch nobles secured their power. Without them, it would have been difficult for the aristocracy to have resisted the united force of the Crown and the Church. On this account, they deserve special attention. Chalmers (Caledonia, vol. i. p. 824) could find no bond of manrent earlier than 1354; but in Lord Somerville's Memorie of the Somervilles, edit. Edinburgh, 1815, vol. i. p. 74, one is mentioned in 1281. This is the earliest instance I have met with; and they did not become very common till the fifteenth and sixteenth centuries. Compare Hume's History of the House of Douglas, vol. ii. p. 19. Somerville's Memorie of the Somervilles, vol. i. p. 234. Pitcairn's Criminal Trials in Scotland, vol. iii. p. 83. Irving's History of Dumbartonshire, pp. 142, 143. Skene's Highlanders, vol. ii. p. 186. Gregory's History of the Western Highlands, p. 126. Kennedy's Annals of Aberdeen, vol. i. p. 55. Miscellany of the Spalding Club, vol. ii. pp. cvi. 93, 251, vol. iv. pp. xlviii. 179. As these covenants were extremely useful in maintaining the balance of power, and preventing the Scotch monarchy from becoming despotic, acts of parliament were of course passed against them. See one in 1457, and another in 1555, respecting ‘lige’ and ‘bandis of manrent and mantenance,’ in Acts of the Parliaments of Scotland, folio, 1814, vol. ii. pp. 50, 495. Such enactments being opposed to the spirit of the age, and adverse to the exigencies of society, produced no effect upon the general practice, though they caused the punishment of several individuals. Manrent was still frequent until about 1620 or 1630, when the great social revolution was completed, by which the power of the aristocracy was subordinated to that of the Church. Then, the change of affairs effected, without difficulty, and indeed spontaneously, what the legislature had vainly attempted to achieve. The nobles, gradually sinking into insignificance,
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