A history of England principally in the seventeenth century, Volume 2 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 2 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
But the united petitioners were not to be satisfied so
easily. They wished to be assured of the withdrawal of
the Liturgy not by equivocal expressions, but in distinct
and final terms. Above all, moreover, they wished to
uphold the view that theirs was the truly legal mode of
proceeding. They had taken counsel afresh with the most
eminent advocates--the names of five of them are given--how
the movements that had been begun, on the part of the town
as well as on their own, might be justified by their aim,
which was the restoration of the laws; and how on the other
hand, the illegality of the spiritual tribunals might be
proved. They showed signs of an intention to institute
legal proceedings against those who calumniously asserted
that their behaviour had been seditious. They upheld
the complaint against the bishops with unabated zeal.
Traquair had already at the meeting in November held out
to them a prospect of reaching their end, if they would
take their stand on the rejection of the two books alone.
They answered that so much damage had been done to the
constitution of Church and State, and to the freedom of the
subject in regard to person and property by the bishops
and the High Commission, that they could not be tolerated:
that if the Privy Council would not receive the complaints
against them, it might at least allow an information to
be laid before it in regard to these questions. The Privy
Council at any rate did entirely reject this proposal: it [A.D. 1637.]
declared itself disposed to receive both petition and
information, in case the King’s answer, when it came,
should fail to satisfy the petitioners. But this had now
actually happened. The confederate Scots demanded with
impetuosity the acceptance of the petition and complaint.
The Privy Council long refused to accede to the demand;
it required that at least some violent and offensive
expressions should be moderated; but as these affected the
gist of the matter, the petitioners remained immovable.
On their threat that if their demands were refused they
would betake themselves immediately to the King with
their petition, the magistrates, who did not wish to be
passed over, resolved to receive the petition as it stood
(December 21, 1637[99]). Lord Loudon, after the fashion
which prevailed in the courts in Scotland, appended to
it (in the name of all) a ‘declinatory,’ that is, a
repudiation of every judicial sentence, which the bishops
might take part in drawing up, on the ground that they were
the accused, and that they would, if they sat, be judges of
their own cause.
Thus what was clearly in itself a struggle against the will
and intention of the King acquired the appearance of a
legal controversy with the holders of episcopal power: the
resistance in both cases was based on the same principle.
For both attacks aimed at setting up again the old Kirk, so
bound up with the independence of the country, as the only
legitimate Church.
Public-domain text, read in full here on John Shaqi.
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