Records of the Kirk of Scotland: containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.Church of Scotland. General Assembly
History
Records of the Kirk of Scotland: containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.
Church of Scotland. General Assembly
Church of Scotland -- History -- Sources
Charles, however, not sufficiently acquainted with the latent spirit
of his Scottish subjects, ordered an act to be framed, soon after
his coronation, embodying the enactments of both the statutes above
alluded to, asserting the unlimited prerogative of the King in all
matters, civil and ecclesiastical, and giving him power to regulate
the robes and raiment of ecclesiastics. This was strenuously opposed
by Rothes, Balmerino, and a majority of the Estates, notwithstanding
the personal presence of the King, and his domineering orders to them
to vote and not to speak. By a juggle, however, the clerk-register
(Primrose) reported the majority the other way—a falsity which could
not be impugned without incurring the pains of treason; and so intent
was Charles on coercing the Estates into this measure, that he marked
on a list the names of all who had voted against his crotchet, and
threatened them with his resentment.[5]
These extraordinary and indecorous stretches of authority, excited the
greatest alarm. The freedom of speech in Parliament, its independence,
and the integrity of its record, were violated in a manner the
most outrageous and inconsistent with all liberty or safety. The
nobility held various consultations as to what was to be done in this
juncture, and a petition to the King was drawn up and shewn to some
of them—amongst others to Batmerino; but the King having declared
that he would receive no explanation or remonstrance from them, the
purpose was dropped. A copy of it however, with some corrections
on it in Balmerino’s handwriting, having been confided by him to a
notary for transcription, it was treacherously conveyed to Charles, by
Spottiswood, Archbishop of St Andrew’s, some months afterwards. For
this innocent and, according to modern notions, this constitutional
exercise of the right of petition, or rather this intent to exercise
it, Balmerino was put on his trial,[6] before a packed court and a
packed jury, for _leasingmaking_ or an attempt to sow dissension
betwixt the King and his subjects—an offence of the most arbitrary
construction, and certainly not overtly committed by Balmerino in this
case. Seven of the jury were for acquittal—but eight, being a majority,
found him guilty—and he was sentenced to a capital punishment.
This trial excited the deepest interest throughout the country, and
its result produced consternation, and prompted to the most desperate
counsels. It was proposed to force the prison and rescue Balmerino; or,
if that failed, to kill the obnoxious judges and jurors, and burn their
houses. But these perilous resolutions were obviated by Lord Traquair,
one of the jury and a tool of the Court, representing to the King the
consequences which were to be apprehended; and it was found expedient
to grant Balmerino a pardon.[7]
Public-domain text, read in full here on John Shaqi.
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