History of Civilization in England, Vol. 3 of 3. Henry Buckley

History of Civilization in England, Vol. 3 of 3 - Henry  Buckley


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with their rivals, the clergy.135 Finally, he, in 1532, aimed a deadly blow at their order, by depriving them of a large part of the jurisdiction which they were wont to exercise in their own country, and to the possession of which they owed much of their power. At the instigation of the Archbishop of Glasgow, he established what was called the College of Justice, in which suits were to be decided, instead of being tried, as heretofore, by the barons, at home, in their castles. It was ordered that this new tribunal should consist of fifteen judges, eight of whom must be ecclesiastics; and to make the intention still more clear, it was provided that the president should invariably be a clergyman.136

      This gave the finishing touch to the whole, and it, taken in connexion with previous measures, exasperated the nobles almost to madness. Their hatred of the clergy became uncontrollable; and, in their eagerness for revenge, they not only threw themselves into the arms of England, and maintained a secret understanding with Henry VIII., but many of them went even further, and showed a decided leaning towards the principles of the Reformation. As the enmity between the aristocracy and the Church grew more bitter, just in the same proportion did the desire to reform the Church become more marked. The love of innovation was encouraged by interested motives, until, in the course of a few years, an immense majority of the nobles adopted extreme Protestant opinions; hardly caring what heresy they embraced, so long as they were able, by its aid, to damage a Church from which they had recently received the greatest injuries, and with which they and their progenitors had been engaged in a contest of nearly a hundred and fifty years.137

      In the mean time, James V. united himself closer than ever with the hierarchy. In 1534, he gratified the Church, by personally assisting at the trial of some heretics, who were brought before the bishops and burned.138 The next year, he was offered, and he willingly accepted, the title of Defender of the Faith, which was transferred to him from Henry VIII.; that king being supposed to have forfeited it by his impiety.139 At all events, James well deserved it. He was a stanch supporter of the Church, and his privy-council was chiefly composed of ecclesiastics, as he deemed it dangerous to admit laymen to too large a share in the government.140 And, in 1538, he still further signalized his policy, by taking for his second wife Mary of Guise; thus establishing an intimate relation with the most powerful Catholic family in Europe, whose ambition, too, was equal to their power, and who made it their avowed object to uphold the Catholic faith, and to protect it from those rude and unmannerly invasions which were now directed against it in most parts of Europe.141

      This was hailed by the Church as a guarantee for the intentions of the king. And so indeed it proved to be. David Beaton, who negotiated the marriage, became the chief adviser of James during the rest of his reign. He was made Archbishop of Saint Andrews in 1539,142 and, by his influence, a persecution hotter than any yet known, was directed against the Protestants. Many of them escaped into England,143 where they swelled the number of the exiles, who were waiting till the time was ripe to take a deadly revenge. They, and their adherents at home, coalesced with the disaffected nobles, particularly with the Douglases,144 who were by far the most powerful of the Scotch aristocracy, and who were connected with most of the great families, either by old associations, or by the still closer bond of the interest which they all had in reducing the power of the Church.145

      At this juncture, the eyes of men were turned towards the Douglases, whom Henry VIII. harboured at his court, and who were now maturing their plans.146 Though they did not yet dare to return to Scotland, their spies and agents reported to them all that was done, and preserved their connexions at home. Feudal covenants, bonds of manrent, and other arrangements, which, even if illegal, it would have been held disgraceful to renounce, were in full force; and enabled the Douglases to rely with confidence on many of the most powerful nobles, who were, moreover, disgusted at the predominance of the clergy, and who welcomed the prospect of any change which was likely to lessen the authority of the Church.147

      With such a combination of parties, in a country where, there being no middle class, the people counted for nothing, but followed wherever they were led, it is evident that the success or failure of the Reformation in Scotland was simply a question of the success or failure of the nobles. They were bent on revenge. The only doubt was, as to their being strong enough to gratify it. Against them, they had the Crown and the Church. On their side they had the feudal traditions, the spirit of clanship, the devoted obedience of their innumerable retainers, and, what was equally important, that love of names, and of family associations, for which Scotland is still remarkable, but which, in the sixteenth century, possessed an influence difficult to exaggerate.

      The moment for action was now at hand. In 1540, the government, completely under the control of the clergy, caused fresh laws to be enacted against the Protestants, whose interests were by this time identical with those of the nobles. By these statutes, no one, even suspected of heresy, could for the future hold any office; and all Catholics were forbidden to harbour, or to show favour to, persons who professed the new opinions.148 The clergy, now flushed with conquest, and greedy for the destruction of their ancient rivals, proceeded to still farther extremities. So unrelenting was their malice, that, in that same year, they presented to James a list containing the names of upwards of three hundred members of the Scotch aristocracy, whom they formally accused as heretics, who ought to be put to death, and whose estates they recommended the king to confiscate.149

      These hot and vindictive men little knew of the storm which they were evoking, and which was about to burst on their heads, and cover them and their Church with confusion. Not that we have reason to believe that a wiser conduct would have ultimately saved the Scotch hierarchy. On the contrary, the probability is, that their fate was sealed; for the general causes which governed the entire movement had been so long at work, that, at this period, it would have been hardly possible to have baffled them. But, even if we admit as certain, that the Scotch clergy were doomed, it is also certain that their violence made their fall more grievous, by exasperating the passions of their adversaries. The train, indeed, was laid; their enemies had supplied the materials, and all was ready to explode; but it was themselves who at last applied the match, and sprung the mine to their own destruction.

      In 1542, the nobles, seeing that the Church and the Crown were bent on their ruin, took the most decisive step on which they had yet ventured, and peremptorily refused to obey James in making war upon the English. They knew that the war in which they were desired to participate had been fomented by the clergy, with the twofold object of stopping all communication with the exiles, and of checking the introduction of heretical opinions.150 Both these intentions they resolved to frustrate, and, being assembled on the field, they declared with one voice that they would not invade England. Threats and persuasions were equally useless. James, stung with vexation, returned home, and ordered the army to be disbanded. Scarcely had he retired, when the clergy attempted to rally the troops, and to induce them to act against the enemy. A few of the peers, ashamed at what seemed a cowardly desertion of the king, appeared willing to march. The rest, however, refused; and, while they were in this state of doubt and confusion, the English, taking them unawares, suddenly fell upon their disorderly ranks, utterly routed them, and made a large number prisoners. In this disgraceful action, ten thousand Scotch troops fled before three hundred English cavalry.151 The news being brought to James, while he was still smarting from the disobedience of the nobles, was too much for his proud and sensitive mind. He reeled under the double shock; a slow fever wasted his strength; he sunk into a long stupor; and, refusing all comfort, he died in December 1542, leaving the Crown to his infant daughter, Mary, during whose reign the great


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<p>135</p>

‘His preference of the clergy to the temporal lords disgusted these proud chiefs.’ Tytler's History of Scotland, vol. iv. p. 230. See also p. 236. His reasons are stated by himself, in a curious letter, which he wrote so late as 1541, to Henry VIII. ‘We persaif,’ writes James, ‘be zoure saidis writingis yat Ze ar informyt yat yair suld be sum thingis laitlie attemptat be oure kirkmen to oure hurte and skaith, and contrar oure mynde and plesure. We can nocht understand, quhat suld move Zou to beleif the samyn, assuring Zou We have nevir fund bot faithfull and trew obedience of yame at all tymes, nor yai seik nor attemptis nouthir jurisdictioun nor previlegijs, forthir nor yai have usit sen the first institutioun of the Kirk of Scotland, quhilk We may nocht apoun oure conscience alter nor change in the respect We have to the honour and faith of God and Halikirk, and douttis na inconvenient be yame to come to Ws and oure realme yerthrou; for sen the Kirk wes first institute in our 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.

<p>136</p>

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.

<p>137</p>

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.

<p>138</p>

‘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.

<p>139</p>

‘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.

<p>140</p>

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.

<p>141</p>

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.

<p>142</p>

‘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.

<p>143</p>

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.

<p>144</p>

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.’

<p>145</p>

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.

<p>146</p>

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*.

<p>147</p>

‘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, lost their spirit, and ceased to resort to those contrivances by which they had long upheld their order. Bonds of manrent became every year less common, and it is doubtful if there is any instance of them after 1661. See Chalmers' Caledonia, vol. iii. pp. 32, 33. It is, however, so dangerous to assert a negative, that I do not wish to rely on this date, and some few cases may exist later; but if so, they are very few, and it is certain that, speaking generally, the middle of the seventeenth century is the epoch of their extinction.

<p>148</p>

Acts of the Parliaments of Scotland, vol. ii. pp. 370, 371. ‘That na mañ quhatsūeuir stait or conditiouñ he be luge ressauve cherish nor favor ony heretike.’ … ‘And alswa that na persouñ that hes bene suspectit of heresie howbeit thai be ressauit to pēnance and grace sall in this realme exers haif nor brouk ony honest estait degre office nor judicator spūall nor tēporale in burgh nor wtout nor na salbe admittit to be of ouŕ counsale.’

<p>149</p>

Lindsay of Pitscottie (Chronicles, vol. ii. p. 383) says, that they ‘devysed to put ane discord and variance betwixt the lordis and gentlmen with thair prince; for they delaited, and gave vp to the king in writt, to the number of thrittie scoir of earles, lordis, and barrones, gentlmen and craftismen, that is, as thei alledgit, wer all heretickis, and leived not after the Pope's lawis, and ordinance of the hollie kirk; quhilk his grace sould esteme as ane capitall cryme, to ony man that did the same’ … ‘all thair landis, rentes, guidis, and geir apperteanis propperlie to your grace, for thair contempt of our hollie father the Pope, and his lawis, and high contempt of your grace's authoritie.’ This document was found among the king's papers after his death, when it appeared that, of the six hundred names on the list, more than three hundred belonged to the principal nobility: ‘Eum timorem auxerunt codicilli post regis interitum reperti, e quibus supra trecentorum è prima nobilitate nomina continebantur.’ Buchanan, Rerum Scoticarum Historia, lib. xv. p. 424. Compare Sadler's State Papers, 1809, vol. i. p. 94; and Watson's Historicall Collections of Ecclesiastick Affairs in Scotland, 1657, p. 22. According to Watson, it ‘was called the bloudy scroll.’

<p>150</p>

In the autumn of 1542, James ‘was encouraged by the clergy to engage in a war against King Henry, who both assured him of victory, since he fought against an heretical prince, and advanced an annuity of 50,000 crowns for prosecuting the war.’ Crawfurd's History of the Shire of Renfrew, 1782, 4to, part i. p. 48. Compare, in State Papers of Henry VIII., vol. v. p. 154, a letter written, in 1539, by Norfolk to Cromwell: ‘By diverse other waies I am advertised that the clergie of Scotlande be in such feare that their king shold do theire, as the kinges highnes hath done in this realme, that they do their best to bring their master to the warr; and by many waies I am advertised that a great parte of the temporaltie there wold their king shold followe our insample, wich I pray God yeve hym grace to come unto.’ Even after the battle of Solway, the policy of the clergy was notoriously the same. ‘And undoubtedlie, the kyrkemen labor, by all the meanes they can, to empeche the unitie and establishment of thiese two realmes; uppon what groundes ye can easelie conjecture.’ Letter from Sadler to Parr, dated Edinburgh, 27th March 1543, in State Papers of Henry VIII., vol. v. p. 271, 4to, 1836.

<p>151</p>

‘Ten thousand Scottish troops fled at the sight of three hundred English cavalry, with scarce a momentary resistance.’ Tytler's History of Scotland, vol. iv. p. 264.