I.

late reign

755.

design of his journey, besides the solemnity of a coronation, CHARLES was to reconcile that nation further to the English Church, and make way for the settlement of the Liturgy. To introduce this conformity in both kingdoms, some preparatory measures had been taken in the late reign. For, in the year 1617, king James gave order the English service should be read daily at the chapel royal in Holyrood-house. And, pur- Some means suant to the general assembly at Aberdeen, commissioners taken in the were appointed to draw up a book of Common Prayer for for settling the liturgy in Scotland. This book, when finished, was sent up to the king Scotland. by archbishop Spotswood, carefully perused by his majesty, and afterwards reviewed by some Scotch bishops at the English court. And having passed this test, and received the last improvement, the king returned it to the Scotch bishops, who were to recommend it to the use of their own Church. But this prince being embroiled in a war with the house of Austria, and dying not long after, the business had no success. His son, king Charles, equally embarrassed at his accession to the throne, was for the first four years in no condition to revive the undertaking; but after the peace with France, being somewhat more at liberty, he reminded the Scotch bishops of their duty, and ordered them to solicit this affair with the utmost application. Upon this they dispatched Maxwell, a preacher at Edinburgh, to the English court. This gentleman applying to Laud, bishop of London, received the following answer, "That if his majesty would have a Liturgy settled there different from what they had already, it was best to take the English Liturgy without any variation from it; so that the same service-book might pass through all his majesty's dominions." To this Maxwell replied, "That the Scotch would This design be better pleased to have a Liturgy of their own, but such a one as should come near the English, both in form and matter." In short, the cause was brought before the king, who having considered the arguments of each party, declared for the English book. The main reason urged by the Scotch bishops was, "That a Liturgy made by themselves, and in A.D. 1633. some things different from the English service, would be most acceptable to their countrymen, whom they found very jealous of the least dependence on the Church of England." And thus the matter rested till this present year.

By the way, the Scots of the Kirk party, who, either out of

revived.

Cyprian.

Anglic.

The Kirk

party ap

ABBOT, opinion or interest, were unfriendly to the hierarchy, had Abp. Cant, lately some opportunities to work their purpose. It had been the manner of the Presbyterian ministers, for some time past, point private to keep a fast on the first Sunday of every quarter; and here fasts. to lie under shelter, and guard against the laws, they took the precaution not to give any public notice of these humiliations; their method was only to give some private intimation to those of their flock they could confide in. Upon the fasting days they used to declaim against episcopacy, and give broad innuendoes of the danger the Reformation lay under from this establishment. And to drive this doctrine deeper into the audience, part of their prayer was for relief against this grievance, and for a blessing upon all good means which Providence should suggest for that end. These were popular topics, and improved their interest with the burghers and peasantry. But that which was more serviceable to the cause, was the coming over of seven or eight of the nobility, who openly declared for them.

Guthrie's Memoirs, p. 8. 12.

touching the nomination of bishops changed in

Another advantage was the want of good understanding amongst the bishops; the new bishops not paying a due reA commend gard to those who had lived longer in that order. It was king able custom James's method, when a bishopric fell void, to order the archbishop of St. Andrew's to consult the rest of the prelates for naming three or four for the vacancy. And when the bishops had pitched upon the persons, they laid the list before the king, who made choice of one of them. And thus the elections passing under so serviceable a direction, the men best recommended for life and merit, were generally preferred.

this reign.

Id. p. 14. The new bishops

But king Charles had the misfortune, as bishop Guthrie reports, to change this commendable custom. In this reign churchmen were preferred to the sees in Scotland by the interest they had at court: now favourites and statesmen are not always the best directors in these affairs. Besides, the young bishops, as Guthrie calls them, not being obliged to the vantage, and old ones for their promotion, abated of the customary observance, and kept a kind of separate correspondence among themselves. And happening to fall into a close acquaintance with Laud, they put him upon prescribing measures to the old bishops, which were not well taken.

manage to disad

why.

To proceed the growing discontent among the ministers was another advantage to the Presbyterians. The young

I.

bishops, it seems, treated the inferior clergy with too much CHARLES loftiness and disregard. The old bishops were inoffensive, and managed this point with discretion. But those of this reign, as this author relates, laid too much stress upon their character, and steered with more sail than ballast. But that which had the most weight in precipitating the Scotch bishops, was the insincerity of the ministers of state. And here the earl of Traquair, lord-treasurer, did them most disservice. It seems he was under some apprehension the prelates intended to work him out of the king's favour, and that they were in a concert to bring Maxwell, bishop of Ross, into his post.

The juncture presenting thus fair for the Presbyterians, they resolved to petition the king for a redress of grievances: one main branch of the remonstrance was a complaint against episcopacy. This instrument, subscribed by the party, was put into the hands of the earl of Rothes, who was privately to present it to the king. According to customary method and form of law, the paper ought to have been given to the clerkregister; but they thought it most advisable to sound the king's inclination in the first place, and not run the risk of a public disappointment. By the event it appears their caution was not ill-grounded; for his majesty, upon reading the petition, commanded the earl of Rothes not to solicit any further. The party receiving this check thought it proper to acquiesce; and thus the remonstrance was dropped for this year.

A. D. 1633.

parl. 1.

relating to

passed in

About ten days after a solemn coronation, the parliament June 28, sat. At this session there were several acts passed relating to the Church, which I shall briefly mention. To begin with Charles 1. the act which declares his majesty's sovereign authority over cap. 3. all estates, persons, and causes whatsoever, pursuant to a re- Several acts sembling recognition made in parliament in the year 1606. the Church In the latter part of this statute it is enacted, "that the power the parliaof prescribing an habit to churchmen shall remain in his ma- ment at Edinburgh. jesty and successors." This provision was a continuing the branch of an act made in the year 1609, which determined with the life of the late king. The passing this statute was regretted by the Presbyterians, who were afraid the English surplice might be forced upon them.

The next act "ratifies and approves all and whatsoever acts and statutes made before, anent the liberty and freedom of the

Id. cap. 4.

ABBOT, true Kirk of God, and religion presently professed within this Abp. Cant. realm; and ordains the same to stand in their full force and effect as if they were specially mentioned and set down herein." This act, upon the score of its confirming the privileges of episcopacy, being the present establishment, was a grievance to the Kirk party. The next act makes a provision for securing legacies given to pious uses. The statute sets forth, “that lands and sums of money lately bequeathed to colleges, schools, hospitals, &c., had been mismanaged by the executors and administrators, and applied to uses foreign to the will of the testator."

756.

Id. cap.

6.

Id. cap. 8.

To proceed in the act of general revocation or resumption, there is a clause which revokes and rescinds "all grants and infeoffments of erection of abbeycies, or other prelacies, granted by his majesty at any time: and likewise all grants of abbeycies, priories, and nunneries, granted by his majesty's father, or any of his predecessors, provided these abbeycies, &c., were not erected into a temporal barony or lordship, are declared void and of no effect." By another act, a branch of the statute, made in the year 1587, concerning the annexation of the temporalty of benefices to the crown, is confirmed: and here it is further enacted, "that all grants made by his majesty, his father, or his grandmother, queen Mary, of the right and privilege of regality pertaining to whatsoever abbot, prior or prioress, preceptor, or other beneficed person whatsoever, are cassed, annulled, and rescinded." Then follow two provisos : Id. cap. 13. by the first, "all heritable infeoffments of baileries and stewartries of the said regalities, granted by the said beneficed persons, at any time prior to the date of erections of the said abbeycies and priories into temporal lordships, are secured to the heirs of the first grantees." Secondly, it is further declared, "that these presents shall no ways be extended to the right of regality of whatsoever lands and superiorities pertaining to the archbishops and bishops of this kingdom, by virtue of their gifts and provisions, granted to them or their predecessors thereupon, which shall remain with them unhurt or Id. cap. 14. prejudged by this present act.

The next statute mentions a general commission, dated at Whitehall, January the 17th, 1627, which instrument contains a general surrender "of the superiorities of all lands, baronies, fortalices, manor places, &c., belonging to all abbeycies, prior

I.

ies, prioresses, preceptories, and all other benefices erected CHARLES into temporal lordships, baronies, or livings." The instrument, I say, contains a surrender of all these superiorities, and other incidents, emoluments, and profits to the crown, upon some conditions, and with some limitations too long to mention. The statute concludes with this saving proviso, "that no clause therein contained shall be extended to the superiorities of whatsoever lands, baronies, and others, pertaining to whatsoever archbishop, bishop, and their chapters: but that the same shall remain with them and their successors unhurt or unprejudged by this present act."

Id. cap. 14.

Lastly, to mention but one statute more; the act of "Commission of Surrenders and Teinds," dated at Holyrood-house, Teinds or the 26th day of June, in the year 1627, is ratified and con- Id. cap. 8. firmed.

tithes.

By this "Commission of Surrenders," &c., the maintenance of the parochial clergy was somewhat improved, and the heritors or freeholders had the liberty of buying their own tithes : and thus the bulk of the people were made more easy and independent, and rescued from being oppressed by the great men. However, some of the nobility were unpleased with losing their Some of the new homage, and parting with their jurisdiction, though ex- gusted at the nobility disceptionably acquired; and from this time they grew malcon-commission tent, and waited an opportunity of revenge upon the crown: ders, &c. though, after all, the king had only consulted the general good of the subject, done nothing but what was equitable in the matter, and legal in the manner: for the surrenders, as has been observed, were confirmed by act of parliament.

Before this was done, the king takes notice that many of his subjects of Scotland, particularly the gentry and their tenants, who paid their tithes to the nobility, and other lords of the erection or impropriators, complained loudly that these lords and lay patrons strained the utmost rigour of the law upon them; that they refused to set out their tithes when the owners of the corn desired them; and by their acting perfectly at pleasure in this matter, the owners of the corn not being suffered to take the opportunities of fair weather, oftentimes lost the greatest part of their harvest. Neither was there any remedy in the case; for by the laws of Scotland the landlord can carry off none of the nine parts till the proprietary of the tithes has set out his tenth. This privilege, together with the

VOL. VIII.

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of surren