See the original papers on ‘The Declinatour of the King and Counsel's Judicatour in Maters Spirituall, namelie in Preaching of the Word,’ in Calderwood's History of the Kirk, vol. v. pp. 457–459, 475–480. Tytler (History of Scotland, vol. vii. pp. 326–332) has given extracts from them, and made some remarks on their obvious tendency. See also on the Declinature of Jurisdiction claimed by the Scotch Church, Hallam's Constitutional History, 4th edit. 1842, vol. ii. p. 461; and Mackenzie's Laws and Customs of Scotland in Matters Criminal, Edinburgh, 1699, folio, pp. 181, 182.
264
M'Crie, in his Life of Melville, vol. ii. pp. 70 seq., has given an account of the punishment of Black, but, as usual, conceals the provocation; or, at least, softens it down until it hardly becomes a provocation. According to him, ‘David Black had been served with a summons to answer before the privy council for certain expressions used by him in his sermons.’ Certain expressions, indeed! But why name the penalty, and suppress the offence? This learned writer knew perfectly well what Black had done, and yet all the information bestowed on the reader is a note at p. 72, containing a mutilated extract from Spottiswoode.
265
‘Saying, “He was possessed with a devil; that one devil being put out, seven worse were entered in place; and that the subjects might lawfully rise, and take the sword out of his hand:” which he confirmed by the example of a father that falling into a frenzy, might be taken by the children and servants of the family, and tied hand and foot from doing violence.’ Spottiswoode's History of the Church of Scotland, vol. iii. p. 34. See also Arnot's History of Edinburgh, pp. 46, 47.
266
This did not escape the attention of the English government; and Elizabeth, who was remarkably well informed respecting Scotch affairs, wrote to James, in 1590, a warning, which was hardly necessary, but which must have added to his fears. ‘And lest fayre semblance, that easely may begile, do not brede your ignorance of suche persons as ether pretend religion or dissemble deuotion, let me warne you that ther is risen, bothe in your realme and myne, a secte of perilous consequence, suche as wold have no kings but a presbitrye, and take our place while the inioy our privilege, with a shade of Godes word, wiche none is juged to folow right without by ther censure the be so demed. Yea, looke we wel unto them.’ Letters of Elizabeth and James VI., edited by John Bruce, Camden Society, 1849, 4to, p. 63.
267
The Reverend James Melville, who was present at the scene, describes it with exuberant delight. ‘To the quhilk, I beginning to reply, in my maner, Mr. Andro doucht nocht abyd it, bot brak af upon the king in sa zealus, powerfull, and unresistable a maner, that whowbeit the king used his authoritie in maist crabbit and colerik maner, yit Mr. Andro bure him down, and outtered the Commission as from the mightie God, calling the king bot “God's sillie vassall:” and taking him be the sleive,’ &c. Autobiography and Diary of James Melvill, p. 370. See also Shields' Hind let loose, 1687, p. 52; and M'Crie's Life of Melville, vol. ii. p. 66.
268
In 1593, 4, some of them formed a plot to seize him. See the evidence from the State-paper Office, in Tytler's History of Scotland, vol. vii. p. 249, edit. Edinburgh, 1845.
269
‘He was the darling hope of the Presbyterian party.’ Ibid., vol. vii. p. 410.
270
‘Gowry's conspiracy was by them charged on the king, as a contrivance of his to get rid of that earl.’ Burnet's History of his own Time, edit. Oxford, 1823, vol. i. p. 31. See also Tytler's History of Scotland, vol. vii. pp. 439, 440; and on the diffusion of ‘this absurd hallucination,’ see The Spottiswoode Miscellany, vol. ii. p. 320, Edinburgh, 1845.
271
See a good note in Pitcairn's Criminal Trials in Scotland, vol. ii. p. 179, Edinburgh, 1833, 4to. Compare Lawson's Book of Perth, Edinburgh, 1847, p. xxxix.
272
Their language, and their general bearing, so enraged James, as to extort from him a passionate declaration, in 1592, that ‘it would not be weill till noblemen and gentlemen gott licence to breake ministers' heads.’ Calderwood's History of the Kirk, vol. v. p. 148.
273
‘At the period of which we speak’ (about the year 1584) ‘the pulpit was, in fact, the only organ by which public opinion was, or could be, expressed; and the ecclesiastical courts were the only assemblies in the nation which possessed anything that was entitled to the name of liberty or independence. Parliament had its business prepared to its hand, and laid before it in the shape of acts which required only its assent. Discussion and freedom of speech were unknown in its meetings. The courts of justice were dependent on the will of the sovereign, and frequently had their proceedings regulated, and their decisions dictated, by letters or messages from the throne. It was the preachers who first taught the people to express an opinion on the conduct of their rulers; and the assemblies of the Church set the earliest example of a regular and firm opposition to the arbitrary and unconstitutional measures of the court.’ M'Crie's Life of Melville, vol. i. p. 302.
274
Lord Dartmouth says (Note in Burnet's History of his own Time, vol. i. p. 15): ‘The Earl of Seafield told me that King James frequently declared that he never looked upon himself to be more than King of Scotland in name, till he came to be King of England; but now, he said, one kingdom would help him to govern the other, or he had studied kingcraft to very little purpose from his cradle to that time.’ Compare Burnet's Memoirs of the Dukes of Hamilton, Oxford, 1852, p. 36. ‘No sooner was he happily settled on the throne of England, but he went more roundly to work.’
275
Compare Tytler's History of Scotland, vol. vi. p. 430, with Acts of the Parliaments of Scotland, vol. iii. p. 303, § 20; also the Act (p. 293, § 4), likewise in 1584, limiting the power of the General Assemblies. James, who flattered himself that he had now settled everything, signalized his triumph by personally abusing the clergy; ‘calling them lownes, smaicks, seditious knaves, and so furth.’ See a letter, dated 2nd of January 1585–6, in Miscellany of the Wodrow Society, p. 438, Edinburgh, 1844.
276
‘Bishops were alwayes looked at with a frown.’ Kirkton's History of the Church of Scotland, p. 129.
277
See this remarkable statute, in Acts of the Parliaments of Scotland, vol. iii. pp. 541, 2. As some of the historians of the Scotch Church have greatly misrepresented it, I will quote that part which expressly repeals the Act of 1584, in favour of the bishops. ‘Item oure said souerane lord and estaittis of Parliament foirsaid, abrogatis cass and anullis the xx act of the same pliamēt haldin at Edinburgh the said zeir 1584 zeiris granting cōmissioun to bishoppis and vtheris iuges constitute in ecclesiastical causs To ressaue his hienes presentatioun to benefices, To gif collatioun thairvpoun and to put ordor in all causs ecclesiasticall qlk his Maiestie and estaittis foirsaid declairis to be expyrit in the self and to be null in tyme cuming and of nane availl force nor effect.’
278
‘The King repented after that he had agreed unto it.’ Calderwood's History of the Kirk, vol. v. p. 162. But this gives a faint idea of his real feelings. It is perhaps hardly necessary to adduce evidence of the opinions entertained on this point, by a prince, one of whose favourite sayings was, ‘No Bishop, no King.’ The reader will, however, find, in the Clarendon State Papers (vol. ii. p. 260 Oxford, 1773, folio), a letter from Charles I., which is worth looking at, because it frankly avows that James, in loving episcopacy and hating presbyterianism, was actuated rather by political motives than by religious ones. Charles writes: ‘The prudentiall part of any consideration will never be found opposit to the conscientious, nay heere, they go hand in hand; for (according to lawyers lodgique) show me any president where ever Presbiteriall government and Regall was together, without perpetuall rebellions. Which was the cause that necessitated
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