Note 302 — Chapter III

Mr. Russell (History of the Church in Scotland, vol. ii. p. 88), misled, probably, by a passage in Spottiswoode's History of the Church, vol. iii. p. 210, says, ‘A Court of High Commission was instituted.’ But it is certain that there were two such courts; one for the diocese of Saint Andrews, and one for that of Glasgow. See the ‘commissioun givin under the great seale to the two archbishops,’ dated 15th of February 1610, in Calderwood's History of the Kirk, vol. vii. pp. 57–62. See also p. 210. They were not united till December 1615. See Scot's Apologetical Narration of the State of the Kirk, pp. 218, 239; and Crookshank's History of the Sufferings of the Church of Scotland, vol. i. p. 28. By the royal commission, these despotic tribunals were authorized (Calderwood, vol. vii. p. 59) ‘to call before them at suche tymes and places as they salle thinke meete, anie person or persons dwelling and remaining within their provinces respective above writtin of St. Andrews or Glasgow, or within anie dioceis of the same, being offenders ather in life or religioun, whom they hold anie way to be scandalous, and that they take tryell of the same; and if they find them guiltie and impenitent, refusing to acknowledge their offence, they sall give command to the preacher of that parish where they dwell, to proceed with sentence of excommunication against them; which, if it be protracted, and their command by that minister be not presentlie obeyed, they sall conveene anie suche minister before them, and proceed in censuring of him for his disobedience, ather by suspensioun, deprivatioun, or wairding, according as in their discretioun they sall hold his obstinacie and refuse of their directioun to have deserved. And further, to fyne at their discretiouns, imprisoun, or warde anie suche persoun, who being convicted before them, they sall find upon tryell to have deserved anie suche punishment.’ Hereupon, Calderwood justly remarks, p. 62: ‘This commissioun and executioun thereof, as it exalted the aspyring bishops farre above any prelat that ever was in Scotland, so it putt the king in possessioun of that which he had long tyme hunted for; to witt, of the royall prerogative, and absolute power to use the bodeis and goods of the subjects at pleasure, without forme or processe of the commoun law, even then when the Lower Hous in England was compleaning in their parliament upon the injurie therof. So our bishops were fitt instruments to overthrow the liberteis both of the Kirk and countrie.’