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done. The evasive nature of the recog nition of the Book of Discipline showed the unchanged hostility entertained by the king and the nobility against a system of moral and religious discipline too pure and uncompromising to find favour in the estimation of dissolute, haughty, and worldly-minded men. That the enforcement of ecclesiastical discipline would still be resisted, was therefore abundantly apparent, notwithstanding the evasive sanction of the act of parliament. And it was equally evident that, by the rigid retention of lay patronages, the king and the nobility were determined to keep possession of the means whereby they might either corrupt the Church, or contrive to hold fast her patrimony within their sac

plicit sanction of the whole, seeing that
the privy council had already "agreed"
to the rest; or whether it might not be
held that every part was excluded except
what was expressly mentioned. The
former view must have been that which
was entertained by the Church, and
which not merely every man of candour
will entertain, but which also every clear
reasoner will see to be necessary, other-
wise the act is self-contradictory and ab-
surd. But still, the ambiguity of the act
in that respect has given occasion to the
legal sophist, in several periods, to bring
forward specious objections against the
discipline of the Church of Scotland, on
the plea of its wanting full statutory au-
thority. Another decided evil was the
clause which half prohibited the Assem-rilegious grasp.
bly from meeting except when the time
and place of its next meeting had been
appointed by his majesty or his commis-
sioner; its own authority being enough
only when neither the king nor his re-
presentative was present. This after
wards enabled the king repeatedly to sus-
pend its meetings altogether; and, when
it did meet without his previous appoint-
ment, gave some colour to his hostile
proceedings against its leading members.
But the most injurious part of the act
1592 was that which imposed upon both
the Church and the people the intolera-
ble yoke and enslaving fetters of lay pa-
tronage. How fatal the "binding and
astricting" clause has been to the Church,
her whole subsequent history testifies,
and perhaps no period more so than the
present.

The reader will perceive that these defects in this enactment left the Church still exposed to danger on the very points on which she had been always most fiercely and perseveringly assailed. The freedom of the Assembly, and its right to meet for the discharge of its important duties whenever necessity required, had been gainsaid by Secretary Lethington in Queen Mary's days; had been questioned by the Regent Morton, and had been for a time neutralized or overborne by King James, during the period of the tulchan bishops. This was again placed in peril, and that too, by a regular legislative enactment, on the strength of which the king might proceed to greater severities and more plausibly than had been formerly

But although there thus remained these strong elements of antagonism between the king and the Church, there was no urgent reason why they might not have continued in a state of dormancy for an indefinite length of time. That the Church did not wish to urge matters to an immediate contest, was evident from the very fact of her receiving the act 1592, defective as it was, without opposition, and even with gratitude. And had the king been sincere in his expressions of friendship and estimation, he needed not to have provoked hostility by an early and harsh enforcement of the harmful powers which that act enabled him to retain. Their mere existence in the statute-book ought to have been enough to satisfy him that the Church could not, even were she disposed, make any dangerous encroachments upon his cherished prerogatives. And had they been allowed to remain solely as latent but complete preventive checks against any sudden democratic movement of the Church, the whole of what even his jealousy of his arbitrary prerogative deemed necessary might have been peacefully secured; and when that jealousy had subsided, he might have removed these defects from the enactment, and thereby perfected the constitution of the country, by the harmonious agreement and mutually supporting connection of Church and State; exerting themselves in their respective spheres, undisturbed by mutual jarrings and suspicions, for the advancement of the great end of both

The preceding remarks we have deemed it expedient to make, for the purpose of placing before our readers clearly the position of the Church after the passing of the great charter of 1592, and the dangers still to be apprehended from the defects of that enactment, and the pernicious elements which it contained. But we must now resume the narrative, and trace the progress of events.

-the promotion and the security of the civil and sacred welfare of the nation. Such was not, however, to be the case. A short time was sufficient to show that James had caused the elements of strife to be retained in the act 1592, expressly for the purpose of putting them into execution on the earliest opportunity, for the overthrow of a Church whose principles, spirit, and discipline were too sacred, independent, and pure, to suit the The act 1592 almost took the Church taste and comport with the habits of a by surprise. The ministers had striven monarch at once crafty and despotic, and so long for a legislative ratification of the of courtiers both avaricious and dissolute. liberty of the Church, of General AssemIt may seem strange that James, who had blies, Synods, and Presbyteries, and of experienced so much treachery on the discipline, and had met so many disappart of his nobility, and been exposed to pointments, evasions, and direct violations. personal danger from their factious and of the most solemn promises from the daring attempts; and, on the other hand, ruling powers, that though they continhad found such constant fidelity to his ued to strive, they seem almost to have cause, and zeal in his behalf, in every ceased to expect success. They appear time of peril, from the Church, notwith- to have acted on the great general prinstanding his injurious treatment of it, ciple, that for the discharge of known that with such strong and repeated proofs duty man is responsible, for success which was the more trustworthy party, he is not; and that therefore their duty he could still favour the schemes of the was to continue their exertions, and leave treacherous and selfish aristocracy, and the result to God, in whose hands are the distrust and persecute the faithful and issues of all events. Yet they have been disinterested Church. But it has always censured for accepting a measure which been the fault and the misfortune of kings fell so far short of what they sought to and statesmen to give their countenance obtain, and which contained elements to sycophants and mercenary tools, whom capable of being roused into the most they can manage and employ for any pernicious activity. But it should be conpurpose, however guilty and base, rather sidered that men who are very far above than to men whose principles are too lofty taking expediency as their rule in matfor them to comprehend, and whose in- ters of duty, may, with a safe conscience, tegrity is beyond their power to move. accept of a measure comparatively deAnd James knew well that he could fective, for which they could not have mould and bias his courtiers by the arti- striven; regarding it as, though not a fices of that "kingcraft" in which he satisfactory, and consequently not a final thought himself a most accomplished settlement, yet, upon the whole, a great adept; but that in the high-souled minis- advancement towards a better state of ters of the Presbyterian Church, when matters than had previously existed, and met together in their own free General containing a ratification of the most esAssembly, he encountered men whom sential of their own leading principles. neither his arts could blind nor his threat- Such appear to have been the sentiments enings overawe. Hence his determina- of the most active and influential of the tion to retain, even in the act recognising ministers when this very important act and ratifying the liberty of the Church, was passed; and while they disapproved a seeming innocuous clause, by which of those points in it which have been spe he might be able to prohibit the meetings cified, still, as it went beyond their geneof the Assembly, whenever he appre- ral expectation, they received it with joy hended from it a decided opposition to and gratitude. It may be mentioned also. his schemes; or to call it together when that, between the passing of the act and he should have succeeded in corrupting its being publicly proclaimed, the eneits members by means of the patronage- mies of the Church attempted to deny enforcing clause. that any such measure either had been

or would be enacted by the parliament; and their very hostility and opposition would tend to secure for it the more ready and cordial acceptation by all who were friendly to the Church.*

A very short time elapsed, after the passing of this act, when the Church had again occasion to show that her intrinsic powers had not been fettered by an act which professed to ratify her freedom; and that to enter into a solemn compact with the State was not to lay aside her native spiritual independence, and to assume a gilded yoke. Towards the end of the year 1592, the jealousy of all soundhearted Protestants, and especially of the ministers, those vigilant guardians both of the purity of religion and of the public welfare,was strongly excited, partly by the known presence and activity of priests and Jesuits within the kingdom, and partly by indefinite intimations of danger from abroad. The sense of impending peril, the more alarming on account of its unascertained character and extent, alarmed the country in general, but seemed to give no uneasiness to the king. An extraordinary meeting of the ministers was convoked in Edinburgh on the 15th of November, and measures were framed calculated to provide for the safety of the Church and kingdom, by exerting the utmost vigilance for the detection of the popish machinations; and to these measures the king gave his approbation.

The necessity and the wisdom of these precautions became very soon evident. Andrew Knox, minister of Paisley, having received secret intelligence respecting one of the popish emissaries, hastened to the island of Cumray, accompanied by a number of Glasgow students and some neighbouring gentlemen, and seized George Ker, brother of Lord Newbattle, as he was on the point of embarking for Spain. A number of letters were found in his possession from priests in Scotland; and several blanks subscribed by the popish Earls of Huntly, Errol, and Angus, with a commission to William Crighton, a Jesuit, to fill up the blanks, and address them to the persons for whom they were intended. Graham of Fintry was soon afterwards apprehended; and being both examined before the privy

Melville's Diary pp. 198, and 201.

council, they testified to the genuineness of the signatures, and confessed the nature and extent of the conspiracy. It was, indeed, one of a most perilous and flagrant character. The king of Spain was to have landed thirty thousand men on the west coast of Scotland, part of whom were to invade England, and the remainder, in concert with the forces which the three earls promised to have in readiness, were to suppress the Protestants, and to procure the re-establishment of the Romish religion in Scotland.*

[1593.] The privy council and the ministers of Edinburgh having thus received proof positive of the dangerous conspiracy existing in the kingdom, issued letters calling upon the well-affected to hasten to the capital, for the purpose of consulting what steps were to be taken in a matter of such a formidable character. At the same time they earnestly besought the king, who was at the time absent, to hasten to Edinburgh, and aid his faithful subjects in the defence of the commonwealth. The Earl of Angus, unaware that the conspiracy had been detected, happening to come to the capital at the same time, was seized and committed to the castle. Upon his majesty's arrival, instead of thanking his people for the zeal and vigilance which they had displayed in behalf of the religion and liberties of the country, he broke out into peevish and ill-timed complaints of their conduct in seizing the Earl of Angus, and in convoking the lieges without his previous command, which he resented as a grievous encroachment upon his prerogative. They answered, as such mea might have been expected to answer, "That it was no time to attend on warnings when their religion, prince, country, lives, lands, and all were brought into jeopardy by such treasonable dealings." But when their whole proceedings were detailed, and the full nature and extent of the conspiracy made known to him, his petulant fume passed off, he called Angus "a traitor of traitors," and declared that the crime of the conspirators was too great for his prerogative to pardon, promising to proceed to trial of the accused "with all diligence and severity."

* Melville's Diary, p 205; Calderwood, pp. 275-280.

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James now thought it necessary to act | ment of his majesty, intimating that he with at least the appearance of sincerity. could not with honour see that provision A proclamation was issued, specifying infringed; and further, requested them the general nature of the detected con- to make an act prohibiting any minister, spiracy, and commanding all who hated on pain of deposition, from uttering in subjection to foreign tyranny to abstain public any animadversions on the con from intercourse with popish priests, on duct of his majesty or the privy council. pain of treason; and to hold themselves The Assembly agreed to the provision in readiness to defend the country, 66 as of the act 1592, it being reserved to them they should be certified by his majesty, to meet on their own authority, provided or otherwise find the occasion urgent." his majesty or his commissioner were And as some suspicion of the king's sin- not present, and ordained that cerity had been excited by his first ex- minister "utter any rash or irreverent pression of displeasure with the prompt speeches against his majesty or council, zeal of his people, he thought proper to but that all their public admonitions propass an act of council, prohibiting all ceed upon just and necessary causes, in. from attempting to procure the pardon of all fear, love, and reverence, under pain the conspirators. The nation immedi- of deposition."*, These proceedings ately testified its delight with the king's could give little satisfaction to either conduct, by framing and extensively sub- party, and indicated but too plainly a scribing a bond in defence of religion mutual distrust, likely ere long to come and the government, and preparing zeal- to an open rupture. Some steps were ously to protect and support the king and taken by that Assembly to prevent furthe public peace. The king marched ther dilapidation of Church property, and northwards against the conspirators; but for the enforcement of discipline and the they merely concealed themselves from maintenance of public morality and immediate apprehension; and the king, peace. notwithstanding his own act of privy council, received favourably those who were sent to intercede in behalf of the detected traitors.

The General Assembly met at Dundee on the 24th of April, according to their own previous arrangement, and without waiting to be called together by his majesty. The proceedings of that Assembly, although of no great moment, furnished sufficient indication of the growing jealousy between the king and the Church. The Assembly appointed commissioners to present to the king an address and petition, containing several articles in regard to which they craved .redress. One was, that he would adopt strong measures for the suppression of the popish party, and in the meantime that they should be excluded from all public official situations, and denied access to his majesty's presence. Another was, that his majesty would consider the great prejudice done to the Church by the erection of the tithes of different prelacies into titular lordships. The king, on the other hand, by his commissioner, directed the attention of the Assembly to that part of the act 1592 which required its meetings to be held by the appoint

The parliament met in July, and proceeded with the trial of the popish lords; but Ker had been permitted to escape a short while previously; and the parliament listened to the offers of submission made by the conspirators, and rejected the bill of attainder against them, on the pretext of want of evidence. Great and general was the dissatisfaction caused by this injudicious lenity to men guilty of repeated acts of treason; and strong suspicions arose in the minds of many that his majesty's own attachment to the Protestant faith was but hollow and insincere. The synod of Fife, at its meeting in September, determined to take such steps as were competent to it, as a church court, towards counteracting the injurious lenity of the king and parliament. On the ground that the Earls of Angus and Errol had, when students at St. Andrews, within the bounds of that synod, subscribed the Confession of Faith, and thereby rendered themselves amenable to its jurisdiction, and that Huntly had murdered the Earl of Murray within its bounds, the synod of Fife proceeded to pass the sentence of excommunication against these apostate conspirators, and

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sent intimation of what had been done | The conclusion of the trial was the pass throughout the country. Intimation was ing of what was termed an act of abolialso given, that a general meeting of tion," by which the popish lords were commissioners from the different counties ordained to give satisfaction to the of the kingdom, consisting of noblemen, Church, and to embrace the Protestant gentlemen, burgesses and ministers, was faith, or else to leave the kingdom within to be held at Edinburgh on the 17th of a limited time; the process against them October. The king was extremely an- was dropped and consigned to oblivion; noyed with these measures. They were and they were declared "free and unacso completely in unison with his former cusable in all time coming" of the crimes declarations against the popish conspira- laid to their charge, provided they did tors, and so naturally resulting from the not for the future enter into any treason bond of defence previously subscribed able correspondence with foreigners. with his concurrence, that he could not justly find direct fault with them, and yet so contrary to his recent treatment of the traitors that he could not approve of them. With his usual craft, he attempted to tamper with several of the noblemen and the ministers, to prevent the intimation of the sentence of excommunication, and also to impair the effect of the coming convention. Not succeeding in his schemes, he again dissembled; and being about to proceed to the borders to suppress some seditious and turbulent affairs, he promised that he would show no favour to the conspirators.

On the very same day on which this promise was given, the king admitted the conspirators to his presence at Fala, and made arrangements with them respecting their trial. The convention appointed commissioners to follow James to Jedburgh, and lay their complaints before him. The reception given by his majesty to his faithful and zealous subjects was very different from that which he had granted to the traitors a few days before. He termed the convention an unlawful meeting, complained of the sentence of excommunication, and even threatened to call a parliament for the purpose of overthrowing Presbyterian and restoring Prelacy. When he had expended his wrath in idle threats, he grew calmer, and returned to the petition of the commissioners a written answer, containing promises sufficiently fair, but as idle.* It is unnecessary to dwell upon the wretched tergiversation of the king in this very important matter. A convention of estates was held at Linlithgow in October, and arrangements were made for the final trial of the rebel lords at Holyrood-house in the following month.

* Melville's Dairy, p. 208.

This arrangement was equally unsatisfactory to the Church and to the greater part of the nation. It was well understood at that time, and might be still, that the determined adherents of Popery could easily obtain absolution from Rome for any oaths or concessions made to Protestants, provided they continued to plot the destruction of the Protestant religion; and therefore, that to think of binding such men with oaths and protestations, however solemn, was about as wise as to think of fettering a beast of prey with a skein of rotten silk. Nor was it without reason that James was himself distrusted. He had repeatedly broken his most solemn pledges, and brought his word into such suspicion, that the more earnestly he protested, the less he was believed. Besides, the ruling motives of his whole policy were well known to such men as Andrew Melville and Robert Bruce. They were aware of his secret intercourse with England, for the purpose of promoting his succession to the throne of that kingdom; and they knew that he would hesitate at nothing, however base and deceptive, which seemed likely to forward his views. He knew that there was a strong popish party still in England, and he was desirous of conciliating them and procuring their support, which he sought to do by his lenient treatment of his own popish rebels. To this it may be added, that the political principles of papists were more agreeable to a monarch so devoted to despotic power and uncontrolled prerogative as James, than could possibly be the free spirit which lived and breathed in the Presbyterian Church of Scotland. For the same rea son Episcopacy obtained his peculiar fa vour; as his cunning enabled him to perceive, that he might more easily exer

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