But, in the mean time, the disposition of the nobles to use force against the Crown, had been increased by fresh violence. Government, instead of being warned by the fate of James I., imitated his unscrupulous acts, and pursued the very policy which had caused his destruction. Because the Douglases were the most powerful of all the great families, it was determined that their chiefs should be put to death; and because they could not be slain by force, they were to be murdered by treachery. In 1440, the Earl of Douglas, a boy of fifteen, and his brother, who was still younger than he, were invited to Edinburgh on a friendly visit to the king. Scarcely had they arrived, when they were seized by order of the chancellor, subjected to a mock trial, declared guilty, dragged to the castle-yard, and the heads of the poor children cut off.[105]

Considering the warm feelings of attachment which the Scotch entertained for their chiefs, it is difficult to overrate the consequences of this barbarous murder, in strengthening a class it was hoped to intimidate. But this horrible crime was committed by the government only, and it occurred during the king's minority: the next assassination was the work of the king himself. In 1452, the Earl of Douglas[106] was, with great show of civility, requested by James II. to repair to the court then assembled at Stirling. The Earl hesitated, but James overcame his reluctance by sending to him a safeconduct with the royal signature, and issued under the great seal.[107] The honour of the king being pledged, the fears of Douglas were removed. He hastened to Stirling, where he was received with every distinction. The evening of his arrival, the king, after supper was over, broke out into reproaches against him, and, suddenly drawing his dagger, stabbed him. Gray then struck him with a battle-axe, and he fell dead on the floor, in presence of his sovereign, who had lured him to court, that he might murder him with impunity.[108]

The ferocity of the Scotch character, which was the natural result of the ignorance and poverty of the nation, was, no doubt, one cause, and a very important one, of the commission of such crimes as these, not secretly, but in the open light of day, and by the highest men in the State. It cannot, however, be denied, that another cause was, the influence of the clergy, whose interest it was to humble the nobles, and who were by no means scrupulous as to the means that they employed.[109] As the Crown became more alienated from the aristocracy, it united itself still closer with the Church. In 1443, a statute was enacted, the object of which was, to secure ecclesiastical property from the attacks made upon it by the nobles.[110] And although, in that state of society, it was easier to pass laws than to execute them, such a measure indicated the general policy of the government, and the union between it and the Church. Indeed, as to this, no one could be mistaken.[111] For nearly twenty years, the avowed and confidential adviser of the Crown was Kennedy, bishop of Saint Andrews, who retained power until his death, in 1466, during the minority of James III.[112] He was the bitter enemy of the nobles, against whom he displayed an unrelenting spirit, which was sharpened by personal injuries; for the Earl of Crawford had plundered his lands, and the Earl of Douglas had attempted to seize him, and had threatened to put him into irons.[113] The mildest spirit might well have been roused by this; and as James II., when he assassinated Douglas, was more influenced by Kennedy than by any one else, it is probable that the bishop was privy to that foul transaction. At all events, he expressed no disapprobation of it; and when, in consequence of the murder, the Douglases and their friends rose in open rebellion, Kennedy gave to the king a crafty and insidious counsel, highly characteristic of the cunning of his profession. Taking up a bundle of arrows, he showed James, that when they were together, they were not to be broken; but that, if separated, they were easily destroyed. Hence he inferred, that the aristocracy should be overthrown by disuniting the nobles, and ruining them one by one.[114]

In this he was right, so far as the interests of his own order were concerned; but, looking at the interest of the nation, it is evident that the power of the nobles, notwithstanding their gross abuse of it, was, on the whole, beneficial, since it was the only barrier against despotism. The evil they actually engendered, was indeed immense. But they kept off other evils, which would have been worse. By causing present anarchy, they secured future liberty. For, as there was no middle class, there were only three orders in the commonwealth; namely, government, clergy, and nobles. The two first being united against the last, it is certain that if they had won the day, Scotland would have been oppressed by the worst of all yokes, to which a country can be subjected. It would have been ruled by an absolute king and an absolute Church, who, playing into each other's hands, would have tyrannized over a people, who, though coarse and ignorant, still loved a certain rude and barbarous liberty, which it was good for them to possess, but which, in the face of such a combination, they would most assuredly have forfeited.

Happily, however, the power of the nobles was too deeply rooted in the popular mind to allow of this catastrophe. In vain did James III. exert himself to discourage them,[115] and to elevate their rivals, the clergy.[116] Nothing could shake their authority; and, in 1482, they, seeing the determination of the king, assembled together, and such was their influence over their followers, that they had no difficulty in seizing his person, and imprisoning him in the Castle of Edinburgh.[117] After his liberation, fresh quarrels arose;[118] and in 1488, the principal nobles collected troops, met him in the field, defeated him, and put him to death.[119] He was succeeded by James IV., under whom the course of affairs was exactly the same; that is to say, on one side the nobles, and on the other side the Crown and the Church. Every thing that the king could do to uphold the clergy, he did cheerfully. In 1493, he obtained an act to secure the immunities of the sees of Saint Andrews and of Glasgow, the two most important in Scotland.[120] In 1503, he procured a general revocation of all grants and gifts prejudicial to the Church, whether they had been made by the Parliament or by the Council.[121] And, in 1508, he, by the advice of Elphinston, bishop of Aberdeen, ventured on a measure of still greater boldness. That able and ambitious prelate induced James to revive against the nobility several obsolete claims, by virtue of which the king could, under certain circumstances, take possession of their estates, and could, in every instance in which the owner held of the Crown, receive nearly the whole of the proceeds during the minority of the proprietor.[122]

To make such claims was easy; to enforce them was impossible. Indeed, the nobles were at this time rather gaining ground than losing it; and, after the death of James IV., in 1513, they, during the minority of James V., became so powerful, that the regent, Albany, twice threw up the government in despair, and at length abandoned it altogether.[123] He finally quitted Scotland in 1524, and with him the authority of the executive seemed to have vanished. The Douglases soon obtained possession of the person of the king, and compelled Beaton, archbishop of Saint Andrews, the most influential man in the Church, to resign the office of chancellor.[124] The whole command now fell into their hands; they or their adherents filled every office; secular interests predominated, and the clergy were thrown completely into the shade.[125] In 1528, however, an event occurred by which the spiritual classes not only recovered their former position, but gained a preëminence, which, as it turned out, was eventually fatal to themselves. Archbishop Beaton, impatient at proceedings so unfavourable to the Church, organized a conspiracy, by means of which James effected his escape from the Douglases, and took refuge in the castle of Stirling.[126] This sudden reaction was not the real and controlling cause, but it was undoubtedly the proximate cause, of the establishment of Protestantism in Scotland. For, the reins of government now passed into the hands of the Church; and the most influential of the nobles were consequently persecuted, and some of them driven from the country. But, though their political power was gone, their social power remained. They were stripped of their honours and their wealth. They became outcasts, traitors, and beggars. Still, the real foundation of their authority was unshaken, because that authority was the result of a long train of circumstances, and was based on the affections of the people. Therefore it was, that the nobles, even those who were exiled and attainted, were able to conduct an arduous, but eventually a successful, struggle against their enemies. The desire of revenge whetted their exertions, and gave rise to a deadly contest between the Scotch aristocracy and the Scotch Church. This most remarkable conflict was, in some degree, a continuation of that which began early in the fifteenth century. But it was far more bitter; it lasted, without interruption, for thirty-two years; and it was only concluded by the triumph of the nobles, who, in 1560, completely overthrew the Church, and destroyed, almost at a blow, the whole of the Scotch hierarchy.

The events of this struggle, and the vicissitudes to which, during its continuance, both parties were exposed, are related, though somewhat confusedly, in our common histories: it will be sufficient if I indicate the salient points, and, avoiding needless detail, endeavour to throw light on the general movement. The unity of the entire scheme will thus be brought before our minds, and we shall see, that the destruction of the Catholic Church was its natural consummation, and that the last act of that gorgeous drama, so far from being a strained and irregular sequence, was in fit keeping with the whole train of the preceding plot.

When James effected his escape in 1528, he was a boy of sixteen, and his policy, so far as he can be said to have had any mind of his own, was of course determined by the clergy, to whom he owed his liberty, and who were his natural protectors. His principal adviser was the Archbishop of Saint Andrews; and the important post of chancellor, which, under the Douglases, had been held by a layman, was now conferred on the Archbishop of Glasgow.[127] These two prelates were supreme; while, at the same time, the Abbot of Holyrood was made treasurer, and the Bishop of Dunkeld was made privy seal.[128] All nobles, and even all followers, of the house of Douglas, were forbidden to approach within twelve miles of the court, under pain of treason.[129] An expedition was fitted out, and sent against the Earl of Caithness, who was defeated and slain.[130] Just before this occurred, the Earl of Angus was driven out of Scotland, and his estates confiscated.[131] An act of attainder was passed against the Douglases.[132] The government, moreover, seized, and threw into prison, the Earl of Bothwell, Home, Maxwell, and two Kerrs, and the barons of Buccleuch, Johnston, and Polwarth.[133]

All this was vigorous enough, and was the consequence of the Church recovering her power. Other measures, equally decisive, were preparing. In 1531, the king deprived the Earl of Crawford of most of his estates, and threw the Earl of Argyle into prison.[134] Even those nobles who had been inclined to follow him, he now discouraged. He took every opportunity of treating them with coldness, while he filled the highest offices with their rivals, the clergy.[135] Finally, he, in 1532, aimed a deadly blow at their order, by depriving them of a large part of the jurisdiction which they were wont to exercise in their own country, and to the possession of which they owed much of their power. At the instigation of the Archbishop of Glasgow, he established what was called the College of Justice, in which suits were to be decided, instead of being tried, as heretofore, by the barons, at home, in their castles. It was ordered that this new tribunal should consist of fifteen judges, eight of whom must be ecclesiastics; and to make the intention still more clear, it was provided that the president should invariably be a clergyman.[136]