On encountering the growing dissatisfaction of the ministers with his project, the Regent threatened the freedom of the Assembly, and put forward a claim on behalf of the Crown to supreme authority within the Church. There lay the crux of the situation, the great central issue in the controversy that was being thrust upon the Scottish people, that was to rend the nation for many a day, and that is not yet finally settled—Was the Church to be free to shape her own course and do her work in her own fashion, or was she to be subject to the civil government? Was the Church to be essentially the Church of Christ in Scotland, or was she to be the religious department, so to speak, of the Civil Service?
The first Assembly in which Melville sat met in Edinburgh in March 1575. Parliament had just appointed a committee to frame a more satisfactory polity for the Church, and the Assembly nominated some of its members as assessors to confer with it and report the proposals that might be made. At the same time it appointed a committee of its own, composed of its most competent and trusted men, to draft a constitution for its approval. This committee was reappointed from year to year; the result of its labours being the 'Second Book of Discipline,' which was laid before the Assembly and adopted by it at its meeting in the Magdalene Chapel, Edinburgh, in April 1578.
It was in the next Assembly, held in August of the same year, that the first blow was struck at the Tulchan Episcopate. This was done by a resolution brought forward by John Durie, one of the ministers of Edinburgh; but there is little doubt that it originated with Melville, who, although he had been home scarcely a year, had taken his place as the leader of his brethren, and by his teaching and personal influence had 'wakened up their spreits' to oppose the designs of the Court against the constitution of the Church. Durie's resolution raised the question of the scripturalness and lawfulness of the office of a bishop. In supporting it Melville made a powerful speech, in which he urged the abolition of the bishoprics and the restoration of the original Presbyterian order of the Church as the only satisfactory settlement of her affairs. The House resolved there and then to appoint an advisory committee to consider and report on the question, which committee reported against the office. No further step was taken at this time, the bishops being left as they were. At the next Assembly, however, held in April 1576, the committee's finding was adopted, and so far applied that all bishops who held their office 'at large' were required to allocate themselves to particular congregations.
The Assembly's decision was practically unanimous; its members were at one in wishing an end to the Tulchan scheme, and the people were of the same mind as the ministers. Against the ministers and people stood the Regent, the nobility, and all the clergy whose interests were threatened. Morton would fain have arrested the Assembly's action, but dared not; he could not afford at the time to drive the ministers into opposition, a powerful party of the nobles being hostile to his regency, and the combination would have shattered his government. His policy, therefore, was to manage the ministers for the accomplishment of his ends, and to attach as many of them as possible, and especially as many of the leaders as possible, to the Court. From the moment when he first met Melville he had the sagacity to perceive that this was the strongest man he would have to deal with: he accordingly did his utmost to secure Melville's support for the Government scheme. He offered him, as we have said, a Court Chaplaincy, and he would have made him Archbishop of St. Andrews on the death of Douglas. When he found him incorruptible by his favours, he tried to intimidate him. Calling him one day into his presence, he broke out in violent denunciation of those ministers who were disturbing the peace of the realm by their 'owersie'[5] dreams and setting up of the Genevan discipline; and on Melville turning the attack against himself and his government Morton flew into a rage—'Ther will never be quyetnes in this countrey till halff á dissone of yow be hangit or banished the countrey!' 'Tushe! sir,' retorted Melville, 'threaten your courtiers in that fashion. It is the same to me whether I rot in the air or in the ground. The earth is the Lord's: my fatherland is wherever well-doing is. I haiff bein ready to giff my lyff whar it was nocht halff sa weill wared, at the pleasour of my God. I leived out of your countrey ten yeirs as weill as in it. Yet God be glorified, it will nocht ly in your power to hang nor exyll His treuthe!' Sometimes, as here, words show a valour as great as doughtiest deeds of battle: they give the man who has uttered them a place for ever in the book of honour; they pass into the storehouse of our most cherished legends; and as often as crises occur in our history which make a severe demand upon our virtue, they are recalled to stir the moral pulse of the nation and brace it to its duty. No man in Scottish history has left his country a richer legacy of this kind than Melville.
Having failed with Melville, Morton found a ready tool to his hand in another minister of the Church, Patrick Adamson of Paisley. He was a man of some learning and eloquence and of great personal ambition, bent on climbing to a high place in the Church, and unscrupulous in his choice of means. At first he was a pronounced opponent of the new Church scheme, and often denounced it from the pulpit. His clever satire on the Tulchan bishops has never been forgotten—'There are three sorts of bishops: my Lord Bishop—he is in the Roman Church; my Lord's Bishop (the Tulchan), who while my Lord gets the benefice, serves for nothing but to make his title good; and the Lord's Bishop, who is the true minister of the Gospel.'
For some time Adamson cultivated an intimacy with Melville, who, however, never trusted him. Melville, ever shrewd in discerning character—'he had a wounderfull sagacitie in smelling out of men's naturalls and dispositions'—early saw that Adamson would prove a better servant of the Court than of the Church.
When the Assembly met in the autumn of 1576 it was reported that Adamson had been presented by Morton to the See of St. Andrews, and the question was put to him in open court whether he meant to accept it, when he declared he was in the hands of his brethren, and would act in the matter as they desired. The Assembly vetoed the appointment. Adamson, however, in violation alike of the Assembly's Act and of his own promise, entered on the See. The contempt his conduct awakened was universal, and was freely expressed even within the Regent's Court. One of the officers of the household, who had frequently heard Adamson come over the phrase, 'The prophet would mean this,' in his expositions of Scripture, remarked, on hearing that he had assumed the bishopric, 'For als aft as it was repeated by Mr. Patrick, "the prophet would mean this," I understood never what the profit means until now.' But to Adamson, who 'had his reward,' the titular primacy of Scotland was of more consequence than the respect of his countrymen: he retained his place in defiance of the Church, and was for many a day a troubler of its peace.
At the Assembly held in April 1578 a second blow was struck at the bishops: it was enacted that they should cease to be styled by lordly names, and that no more bishops should be elected. Two years later, at the Dundee Assembly of 1580, the Church took the final step against the Tulchan system by abolishing the Episcopate and requiring all bishops to demit their office and give in their submission to the provincial synods. The resolutions of the Assembly were carried without a single dissenting voice, and within a year the bishops with only five exceptions had surrendered their sees.
During the six years Melville had been the leader of the Assembly great results had been reached. The Church had gradually withdrawn from the Tulchan compromise, and had at the same time elaborated a constitution for itself on the basis of pure Presbytery. Mention has already been made of the adoption of this constitution—the Second Book of Discipline—in 1578. It is not necessary to describe it, as it is seen in its living embodiment in all the Presbyterian churches of Scotland to-day; though there is one important part of it which was never carried out, namely, the allocation of the patrimony of the Church to the purposes of religion, education, the maintenance of the poor, and the undertaking of public works for the common good. It enunciates the principle of the two jurisdictions—'the two swords'—which has played so important a part in Scottish history, and it protects the rights of the people in the election of their ministers. One significant difference between the Second Book of Discipline and the First may be mentioned—the abolition of the office of Superintendent. This office had been used as a handle by those who wished to introduce an order in the Church above the ministry; it thus lent itself as an inlet to Episcopacy, and so it was resolved to put an end to it.
The unanimity of the Assembly in the adoption of the 'Discipline,' and in all the steps towards the deposition of the bishops, was remarkable. The House never once divided. In all its counsels and labours Melville had the principal share, and it was mainly by his learning, by his energy, by his mastery in debate, by his unyielding attitude to the Court, that they issued as they did in the re-establishment of the Church on its original Presbyterian and popular basis.