[263] See the original papers on 'The Declinatour of the King and Counsel's Judicatour in Maters Spirituall, namelie in Preaching of the Word,' in _Calderwood's History of the Kirk_, vol. v. pp. 457-459, 475-480. Tytler (_History of Scotland_, vol. vii. pp. 326-332) has given extracts from them, and made some remarks on their obvious tendency. See also on the Declinature of Jurisdiction claimed by the Scotch Church, _Hallam's Constitutional History_, 4th edit. 1842, vol. ii. p. 461; and _Mackenzie's Laws and Customs of Scotland in Matters Criminal_, Edinburgh, 1699, folio, pp. 181, 182. [264] M'Crie, in his _Life of Melville_, vol. ii. pp. 70 seq., has given an account of the punishment of Black, but, as usual, conceals the provocation; or, at least, softens it down until it hardly becomes a provocation. According to him, 'David Black had been served with a summons to answer before the privy council for certain expressions used by him in his sermons.' Certain expressions, indeed! But why name the penalty, and suppress the offence? This learned writer knew perfectly well what Black had done, and yet all the information bestowed on the reader is a note at p. 72, containing a mutilated extract from Spottiswoode. In December the same year, the Church proclaimed a fast; and Welsh preached in Edinburgh a sermon, with the view of rousing the people against their rulers. The king, he told his audience, had formerly been possessed by a devil, and that devil being put out, seven worse ones had come in its place. It was, therefore, evident that James was demented, and it became lawful to take the sword of justice from his hands; just as it would be lawful for servants or children to seize the head of their family, if it had pleased heaven to afflict him with madness. In such case, the preacher observed, it would be right to lay hold of the madman, and to tie him hand and foot, that he might do no further harm.[265] [265] 'Saying, "He was possessed with a devil; that one devil being put out, seven worse were entered in place; and that the subjects might lawfully rise, and take the sword out of his hand:" which he confirmed by the example of a father that falling into a frenzy, might be taken by the children and servants of the family, and tied hand and foot from doing violence.' _Spottiswoode's History of the Church of Scotland_, vol. iii. p. 34. See also _Arnot's History of Edinburgh_, pp. 46, 47.