another of the conspirators, disclaims the inten tion of murdering Rizzio, and declares that it was their purpose to punish him by order of justice Hume of Godscroft, in his History of the House of Douglas, says the same. Every author, in short, of any credibility, gives the same general statement,—that the lords intended to bring Riz

improbable. If, for example, any person were to attempt to propagate a report that the Duke of Wellington had been detected in an act of petty theft, every man would at once indignantly feel and declare, that it was impossible; and it would require an extraordinary amount of direct evidence to induce and constrain any man to believe a report so abhorrently incredible. Not less clearzio to a public trial, and to condemn him to death and incontrovertible ought to be the evidence brought forward by him who accuses John Knox of being implicated in an act of private murder. What, then, is the amount of evidence adduced by Mr. Tytler?

The following is a brief outline of the main facts of the event. Queen Mary had joined the League of Bayonne, which was framed for the purpose of utterly exterminating Protestantism by violence. This was well known to the Scottish Protestant nobles; and her Italian secretary, David Rizzio, was believed to be the agent through whom she held intercourse with the Romish powers. The Protestant nobles resolved to seize Rizzio, bring him to trial, and condemn him to death, as a person engaged in treasonable transactions. At the same time the weak, vain, and violent Darnley conceived a strong hatred against this Italian, on the ground of an imagined guilty intercourse between him and the queen. The nobles were not reluctant to obtain Darnley's countenance to promote their own design against Rizzio's life. There was thus a double plot; and Mr. Tytler, without the shadow of evidence to support it, nay, against direct evidence to the contrary, conjectures that the nobles must have abandoned their own intention of a public trial and execution, and adopted Darnley's scheme of a private murder. Rizzio was actually seized and murdered. Soon afterwards, the blandishments of the queen prevailed over her fickle husband, and induced him to violate his engagement to the lords; and thus the conspiracy was broken up, and the betrayed noblemen fled to various quarters, to escape from the vengeance of the queen. John Knox retired to Kyle for a season, well knowing that Mary bore to him no favour, and that if she had it in her power to bring him within the sweep of her meditated vengeance, she was not likely to let slip the opportunity.

and execute him as a plotter against the religion and the liberties of the kingdom, and that the ministers were in no respect implicated in the matter.

are

To overwhelm the whole of the evidence thus briefly stated, Mr. Tytler brings forward the one small fact, that he found a slip of paper pinned to Randolph's first letter, which slip contained a list of those "who were at the death of Davy, and privy thereunto, and are now in displeasure with the queen, and their houses taken and spoiled." This pinned list contains the names of John Knox and John Craig. It has no signature, but is thought to be in the handwriting of a clerk employed by the Earl of Bedford,likely enough person to pick up the floating rumours of the day. This pinned list contains enough to prove it unworthy of credit. It states that "all these were at the death of Davy," whereas it is certain that neither Knox nor Craig were present. It further adds, that they now in displeasure with the queen, and their houses taken and spoiled;" yet it is known that Craig was not in displeasure with the queen, and there is no evidence that the house of Knox taken and spoiled." Such glaring misstatements prove this pinned slip to be a mere transcript of some popular report, such as are busily circulated without examination when any remarkable event excites the public mind, but which no man of candour or of judgment regards. It is strange reasoning, surely, to say, that be cause an unauthenticated rumour is false in two points, it must be true in the third. Mr. Tytler is not at liberty to change the express words of this precious document, converting and into or, that it may the better serve his purpose. He does so at the hazard of endangering his own character for candour and integrity. It must be taken as it is, without any such constructions, and then it manifests its own falsehood.

Accounts of these transactions were sent to Cecil by the Earl of Bedford, and by Sir Thomas Feeling, apparently, that this small fact of the Randolph, from Berwick, to which town several pinned list furnished but slender evidence on the of the Scottish nobles had fled for safety. In strength of which to implicate John Knox in a Randolph's letter, dated the 21st of March, the charge of murder, Mr. Tytler attempts to corrobnames of those who were concerned in the death orate it by reasoning from the known sentiments of Rizzio are mentioned; and in the same letter of the Reformer; that is, he leaves the evidence it is stated, that the intention of the lords was to of facts, and enters upon the evidence of moral have hanged him, but that a tumult arising in the probability. His first and chief argument is, that court below, and fearing a rescue, they went the Knox held it lawful for private persons to put to next way to work with him. On the 27th death notorious murderers and tyrants, provided another letter was sent by Randolph, giving a that all redress by the ordinary courts of justice was formal and authentic list of those who were con- impossible. This will not prove that Knox would cerned in the death of Rizzio. In neither of these either have engaged in such a deed himself, or does the name of Knox occur. An account of would have approved of its being done privately; the whole matter was sent to Cecil by Morton and, besides, in the case of Rizzio, the supposed and Ruthven; and as rumour had then begun to emergency did not exist, the banded lords being implicate Knox and Craig, these noblemen ex-sufficiently powerful to bring him to a public pressly declare, that the ministers were "neither art nor part of that deed, nor participate thereof." A similar declaration is contained in Ruthven's own narrative of the event, in which he strongly exonerates the ministers. Douglas of Lochleven,

trial, as it is proved that they intended to do, his private seizure being merely to prevent the possible occurrence of a public tumult. The attempt to fasten such a charge upon the Reformer, on the ground of his holding such an abstract theory,

"To whom should I have revealed it? To the queen? She was the doer thereof. The king was such a child, that there was nothing told him but he would reveal it to her again. And therefore I durst in no ways reveal it. I foreknew, indeed, and concealed it, because I durst not reveal it to any creature for my life." Morton reasons, that the primary law of self-preservation exonerated him from the accusation of being accessary to the commission of a crime of which he was precognizant, and disapproved yet concealed, because he believed that to reveal it would cause his

is manifestly absurd, unless it be first proved that the case was precisely such as his theory sup posed. And even then it would be necessary to show that he could, consistently with his own character, have put his theory into execution in the same manner as that in which Rizzio was killed. Now, from the whole tenor of Knox's life it is evident that he could not have committed a deliberate, contrived, private murder. Such a man, had he not been a Christian, might have killed a tyrant in his open court and surrounded by his guards, but could not have crept into his bedchamber to murder him in secret. Mr. Tyt-own death, and would not prevent its being comler attempts further to prove, that the murder of mitted. But he could not have given to John Rizzio was not accidental, arising out of a sudden Knox the same excuse which he took to himself, tumultuous frenzy enhanced by the apprehension when he denied that "precognizance" was in of being frustrated in the completion of their de- such a case equivalent to " art and part," unless sign. Strange that he does not perceive how he had been prepared to prove that for Knox to much more improbable this renders it that Knox have revealed it would have caused his own death could have been implicated in the crime. Indeed, without preventing the crime, so that to be silent reasoning from Mr. Tytler's premises, and taking was merely an act of self-preservation, and iminto consideration the high, bold, and pious char-plied no approbation of the deed. In this instance acter of John Knox, I do not hesitate to say, that no man who can comprehend moral evidence will ever regard the charge against him as any thing else than a charge involving a moral impossibility. And this I regard as a proof how unfit Mr. Tytler is to deal with moral evidence.

Another argument on which he builds is this: that at a subsequent period one of the ministers, defending Knox from the aspersions of King James, said, “that the slaughter of David was allowed by Knox, as far as it was the work of God, and not otherwise." Mr. Tytler here evidently misunderstands both the sentiment and the word used to express it. The sentiment is a sufficiently common one, nothing being more usual than for men to say, when any great criminal perishes miserably, that it is a remarkable instance of the righteous retribution of Provi- | dence, while they do not intend to express approbation of the human instrumentality by which such retribution was effected. The word allowed was in former times used, not to mean permitted an event to take place, but generally in the loose sense of approbation of the object intended, and often little more than abstaining from censure. The meaning of the sentence is plainly this: So far as the death of Rizzio may be regarded as the righteous retribution of Providence, John Knox | approved, or did not condemn it; but he expressed no approbation of it, so far as it was the deed of guilty men. Rightly understood, this goes to prove that Knox was not implicated in a deed which, so far as it was man's, he disallows.

Mr. Tytler attempts to remove another objection to which his accusation is exposed, from the declaration of Morton and Ruthven, that none of the ministers were "art and part, or participate," in the deed. This he does by labouring to show, that in Morton's estimation, to be precognizant of an intended crime without revealing it, and to be "art and part" in it, were not equivalent expressions. He might have understood Morton's meaning better had he attended a little more accurately to his reasoning. Morton was accused of being "art and part" in Darnley's murder. This he strenuously denied; yet he owed that he knew it was intended, and did not reveal it. When asked how he could reconcile this with his denial of being art and part in it, he answered,

also Mr. Tytler shows himself to be singularly unable to understand and apply moral evidence and reasoning.

But it is needless to traverse the whole ground of Mr. Tytler's small facts and smaller arguments. Enough has been said, I trust, to substantiate the opinion given in the body of this work, that "certainly so grave a charge, and so improbable, was never brought forward and maintained on evidence so slender, nay, so absolutely incredible." Mr. Tytler would need to beware, otherwise his character as a historian will not long stand high, either for candour and impartiality, or for soundness of judgment. There is a law of retribution which never fails in its operation. When a man assails the character of another, and fails to prove his charge, the accusation recoils, crushing him who put it in motion. And even though no consequence so serious should take place, the public may begin to draw this conclusion, that the mind which is continually prying into minute details, is liable to lose the higher faculties of comprehensiveness and discrimination, to form an undue estimate of the value of small facts, and to regard as discoveries what a mind of higher order would at once have perceived to be merely the idle rumours or the partizan insinuations of the day, and would have deemed unworthy of any notice.

No. II.

ACTS OF PARLIAMENT.

In the year 1560, on the 17th of August, the First Confession of Faith of the Reformed Church of Scotland was "professed, ratifiet, and approveit in Parliament;" the jurisdiction of the Pope was abolished; and an act was passed against idolatry, and another abolishing the mass.

In the year 1567, on the 19th of April, Queen Mary, before the last series of criminal actions which led to her imprisonment and exile, passed an act securing to all her subjects freedom from civil injury in their adherence to the Reformed faith.

But it was not till the meeting of the first par- | Act 1567, ch. 12. Anent the iurisdictioun of the liament, held by the Regent Murray, that a full Kirk. recognition was made of the Reformed Church, amounting to its establishment as the National Church of Scotland. The most important points of these acts of parliament are here given.

Act 1584, h. 129. An Act confirming the Kingis
Majestie's Royall Power over all Statis and
Subjectis within this Realme.

that effect, under the panis ordinit in the lawis
and actis of Parliament, agains sic as unlawfullie
convocat the Kingis lieges.

Act 1584, ch. 132. The Causes and Maner of
Deprivation of Ministers

Forsamekle as syndrie personis, being laitlie callit befoir the Kingis Majestie and his secreit Counsell, to answer upon certaine pointis to have bene inquirit of thame, concerning sum treasounOur Souerane Lord, and his thrie Estatis, asable, seditious, and contumelious speches, utterit semblit in this present Parliament, willing that by thame in Pulpit, Scholis, and vtherways, to the word of God sall be preachit, and Sacramentis the disdane and reprooche of his Hienes, his Pro- administrat in puritie and synceritie, and that the genitouris, and present Counsell, contemtuouslie declinit the judgment of his Hienes and his said rentis, quhairon the Ministeris aucht to be susCounsell in that behalf, to the evill exemple of tenit, sall not be possest be unworthie personis uthers to do the like, gif tymous remeid be not neglecting to do thair dewties, for whilkis they providit: Thairfoir our Souerane Lord, and his accept thair benefices, being utherwayis polluted with the fraill and enorme crymis and vices after thrie Estatis, assembled in this present Parlia- specefeit. It is, thairfoir, statute and ordainit be ment, ratifeis and apprevis, and perpetuallie con- his Hienes, with auice of the saides thrie Estatis, firmis the royall power and authoritie over all that all Personis, Ministeris, or Reiddaris, or uthstatis, alsweil Spirituall as Temporall, within this eris providit to benefices, sen his Hienes CoronaRealme, in the persoun of the Kingis Majestie, tioun (not having vote in his Hienes Parliament), our Souerane Lord, his airis and successouris And als statutis and ordanis, that his Hienes, his suspectit culpable of heresie, papistrie, fals and said airis and successouris, be thameselffis and tion, common drunkennes, non-residence, pluralerroneous doctrine, common blasphemie, fornicathair counsellis, ar, and in tyme to cum sall be, itie of benefices having cure, quhairunto they are juges competent to all personis his Hienes sub-providit sen the said Coronatioun, Symonie, and jectis, of quhatsumever estate, degrie, functioun, dilapidatioun of the rentis of benefices, contrare or conditioun that ever they be of, Spirituall or the lait Act of Parliament, being lawfullie and orTemporall, in all matteris quhairin they, or ony dourlie callit, tryit, and adjudgit culpable, in the of thame, sall be apprehendit, summound, or vices and causes abouewritten, or onie of thame, chargeit to answer to sik thingis as sall be in- be the ordinare Bishop of the diocie, or utheris quirit of thame, be our Soverane Lord and his the Kingis Majesties Commissionaris to be constiCounsell. And that nane of thame, quhilkis sall tute in Ecclesiasticall causes, sall be deprivit happin to be apprehendit, callit, or summound to alsweil fra thair functioun in the Ministerie, as the effect foirsaid, presume or tak upoun hand to fra thair benefices, quhilkis sall be thairby dedecline the jugement of his Hienes, his airis or clarit to be vacand; to be presentit and conferrit successouris, or thair Counsell, in the premisses, of new, as gif the personis possessouris thairof, under the pane of treasoun. were naturallie dead: And that it sall be esteemit Act 1584, ch. 131. Act discharging all jurisdic-ing in the function of the ministerie, providit to and jugeit not-residence, quhair the persoun betionis and judgmentis, not approvit be Parliament, and all Assembleis and Conventionis, without our Souerane Lordis speciall licence

and commandment.

Our Souerane Lord and his thrie Estates, assemblit in this present Parliament, dischargeis all jugementis and jurisdictionis, Spirituall or Temporall, accustomat to be usit and execute, upoun ony of his Hienes subjectis, quhilkis are not approvit be his Hienes and his saids thrie Estatis, convenit in Parliament; and decernis the same to ceis in tyme cumming, quhil the ordour thereof be first sene and considerit in Parliament, and be allowit and ratifeit be thame. Certifeing thame that sall proceid in using and exerceing of the saids jugementis and jurisdictionis, or in obeying of the same, not being allowit and ratifeit, as said is, They sall be repute, halden, callit, presewit, and punissit as usurparis, and contemnaris of his Hienes auctoritie, in example of utheris. And als it is statute and ordainit, be our Souerane Lord, and his thrie Estatis, that none of his Hienes subjectis, of quhatsumever qualitie, estate, or functioun they be of, Spirituall or Temporall, presume to tak upoun hand, to convocat, convene, or assemble thamselffis togidder, for holding of councellis, conventionis, or assembleis, to treat, consult and determinat in ony matter of Estate, Civill or Ecclesiasticall (except in the ordinare jugementis), without his Majesties speciall commandement, expres licence had and obtenit to

ony

tioun, makis not residence at his mans, gif he
ane benefice, sen the Kingis Majesties Corona-
hes; and failzeing thereof, at sum uther dwelling-
place within the parochin; but remains absent
thairfra, and from his Kirk, and using of his
office, be the space of four Sondayis in the haill
zeir, without law full caus and impediment, allowit
be his ordinare. And quhair ony persoun is ad-
mittit to ma benefices, havand cure, sen our
Soverane Lordis Coronatioun, the acceptioun of
the last sall be sufficient cause of deprevatioun
from the remnant, swa that he be providit to twa
or ma benefices havand cure, sen the tyme of the
said Coronation. And nevertheles, this present
Act sall not extend to ony persoun providit to his
benefice befoir the said Coronatioun, nather sall
the bruking of the said office, quhairunto he was
providit of befoir, induce pluralitie of benefices in
this cace; bot he sall allanerlie tyne his richt
of the benefice quhairunto he was providit sen
the said Coronatioun allanerlie: And unioun of
kirkis to ane benefice not to be jugeit pluralitie,
quhill farder ordour be establissit and providit in
that behalf: Likeas alswa, the personis being in
the functioun of the ministerie, that sall happin
to be lawfullie and ordourlie convict befoir our
Soverane Lordis Justice-Generall, or utheris
thair Jugeis competent of criminal causis, sick as
treasoun, slachter, mutilatioun, adulterie, incest,
thift, [commoun oppressioun, usurie aganes the
lawis of this Realme,] perjurie, or falset: They

being lykewayis lawfullie and ordourlie deprivit | said Kirk, with the haill jurisdictioun and disci fra their function in the ministerie, be thair ordi- pline of the same Kirk, aggreit upon be his Manair, or the Kingie Commissionaris in Ecclesias-jestie, in conference had be his Hienes with certicall causes. The benefices possest be the saidis personis to vaik, be reasoun of the said convictioun and deprivatioun. And this to have effect and execution onlie for crimis, vicis, faultis, and offenceis, that sall happin to be committit efter the dait hierof.

[That important Act commonly designated "The Great Charter of the Church," which was passed in the year 1592, demands special attention.]

Act 1592, ch. 116. Act for abolishing of the Actis contrair the trew Religion. [Ratification of the libertie of the trew Kirk: Of General and Synodall Assemblies: Of Presbyteries of Disci- | Pline. All laws for Idolatrie ar abrogate: Of Presentation to Benefices.]

tane of the Ministrie convenit to that effect of the quhilkis Articles the tenour followis. MATERIS to be entreated in Provincial Assemblies: Thir Assemblies ar constitute for wechtie materis, necessar to be entreatit be mutuall consent, and assistance of brethrene, within the Province as neid reqvyris. This Assemblie hes power to handle, ordour, and redresse all things omittit or done amisse in the particulare Assemblies. It hes power to depose the office-beareris of that Province, for gude and just causes, deserving deprivatioun: And generallie, thir Assemblies hes the haill power of the particulare Elderschippis, quhairof they are collectit. MATERIS to be entreated in the Presbyteries. The power of the Presbyteries is to give diligent labouris in the boundis committed to their chairge: That the Kirkis be kepit in gude ordour: To inquire diligentlie of the naughtie and ungodlie personis : Our Soverane Lord and Estaittis of this present And to travell to bring them in the way agane Parliament, following the loveable and gude ex- be admonitioun, or threatening of Goddis jugeample of their predecessours, Hes ratifiet and ap- mentis, or be correctioun. It appertenis to the previt, and be the tenour of this present Act | Elderschip, to tak heid that the Word of God be ratifies and apprevis, all liberties, privileges, im- puirlie preachit within thair boundis, the Sacramunities, and freedomes, quatsumever, gevin and mentis richtlie ministrat, the Discipline entergrantit be his Hienes, his Regentis in his name, teynit, And Ecclesiasticall guidis uncorruptlie or ony of his predecessouris, to the trew and haly distributit. It belangis to this kynd of AssemKirk, presentlie establishit within this realme; bleis, to caus the ordinances maid be the Assemand declarit in the first Act of his Hienes Parlia- bleis, Provinciallis, Nationallis, and Generallis, ment, the twentie day of October, the zier of God to be kepit and put in executioun, to mak constiane thousand, five hundreth, three-scoir ninetene tutionis, quhilkis concernis TO TOTO in the Kirk, zieres; and all and whatsumevir Actis of Parlia- for decent ordour, in the particulare kirk quhair ment, and statutes maid of befoir, be his Hienes they governe; provyding that they alter na rewlis and his Regentis, anent the libertie and freedome maid be the Provinciall or Generall Assemblies: of the said Kirk and specialie the first Act of And that they make the Provinciall Assemblies foirthe Parliament, halden at Edinburgh, the twen-saidis, privie of the rewlis that they sall mak, and tie-foure day of October, the zier of God ane to abolishe constitutionis tending to the hurte of thousand, five hundreth, and foir-scoir ane zieres, the same. It has power to excommunicat the with the haill particulare Actis thairin mentionat, obstinat, formale proces being led, and dew interquhilk sall be als sufficient as gif the samyn wer vall of tymes observit. vall of tymes observit. ANENT particulare kirkis, herin exprest. And all uther Actis of Parlia- Gif they be lauchfully rewlit be sufficient minisment maid sensyne, in favouris of the trew Kirk;teris and sessioun, Thay haif power and jurisdicand siklyke, ratifies and apprevis the Generall tioun in their awin congregation, in materis EcAssemblies appointed be the said Kirk: And de- clesiasticall, And decernes and declaris the said claris, that it sall be lauchfull to the Kirk and Assembleis, Presbyteries, and Sessiounes, JurisMinistrie everilk zier at the leist, and ofter pro re dictioun, and Discipline thairof foirsaid, to be in nata, as occasion and necessitie sall require, to all tymes cuming maist just, gude, and godlie in hald and keip General Assemblies: Providing theselff, Notwithstanding of quhatsumevir Statthat the Kingis Majestie or his Commissioner utis, Actis, Cannon, Civile, or municipall Lawes, with thame, to be appoyntit be his Hienes, be maid in the contrair: To the quhilkis and every present at ilk Generall Assemblie, befoir the dis-ane of thame, thir presentis sall mak expres derosolving thairof nominat and appoint tyme and gatioun. And becaus thair ar divers Actis of place quhen and quhair the nixt Generall Assem-Parliament, maid in favour of the Papistical Kirk, blie sall be haldin : and in caise nather his Majestie nor his said Commissioner beis present for the tyme in that toun, quhair the General Assemblie beis halden, Then, and in that caise, it sall be lessum to the said Generall Assemblie, be themselffis, to nominat and appoynt tyme and place quhair the nixt Generall Assemblie of the Kirk sall be keipit and haldin, as they haif bene in use to do thir tymes bypast. And als ratifies and apprevis the Šinodall and Provinciall Assemblies, to be halden be the said Kirk and Ministrie, twyis ilk zier, as they haif bene, and are presentlie in use to do, within every Province of this realme; And ratifeis and apprevis the Presbyteries, and particulare Sessionis appoyntit be the

:

tending to the prejudice of the libertie of the trew Kirk of God, presentlie professit within this realme, jurisdictioun, and discipline thairof, Quhilk stands zit in the buikis of the Actis of Parliament, not abrogat nor annullit: Thairfoir his Hienes and Estaittis foirsaidis hes abrogat, cassit, and annullit, and be the tenor hierof, abrogatis, cassis, and annullis, all Actis of Parlia ment maid be ony of his Hienes predecessoris, for mantenance of superstitioun and idolatrie, with: all and quhatsumevir Acts, Laws, and Statutes, maid at ony tyme, befair the day and dait hierof, aganis the libertie of the the trew Kirk, jurisdic tioun, and discipline thairof, as the samyn is usi and exerceisit within this realme. And in speciall