Encyclopaedia Britannica, or, a Dictionary of arts, sciences, and miscellaneous literature : enlarged and improved. Illustrated with nearly six hundred engravings > Volume 18, RHI-SCR

SiStldrxI.
467 _
He flies in-
•i Eng-
und.
46S
r Jsmes
amilton
ipointed
kind of
. quifitor.
469
qedfs
e ruin of
trick
•milton’s
ither.
ijo
whom
s accu-
| oftrea-
SCO ff 6
fice of humanity, comfort, and folacemcnt, extended to
him, fliould be confidered as criminal, and be punifhed
with confifcation and forfeitures.
Sir John Borthwick having been apprifed of his dan¬
ger, fled into England, where he was kindly received
by Henry VIII. who employed him in negociations
with the Proteftant princes of Germany. Cardinal Bea¬
ton perceived with concern that this aft of feverity did
not terrify the people. New defeftions from the church
were announced to him. Andrew Cunningham fon to
the mailer of Glencairn, James Hamilton brother to
Patrick Hamilton the martyr, and the celebrated
George Buchanan the hiftorian, were imprifoned upon
fufpicion of herefy ; and if they had not found means
to efcape, would probably have perifhed at the ftakc.
In this declining-condition of Popery, the cardinal held
many mournful confultations with the bilhops. All
their intrigues and wifdom were employed to devife me¬
thods to fupport themfelves. Theprojeft of an inquifi-
torial court was conceived, and afforded a diftant view
of the extirpation of heretics. To ereft this tribunal,
they allured James V. with the hopes of the confifcation
and fpoils, which might enrich him, from the perfecu-
tion and punilhment of the reformed. He yielded to
their felicitations, and gave them thefanftion of his au¬
thority.
A'formal commiflion was granted, conftituting a court
of inquiry after heretics, and nominating for its prefident
Sir James Hamilton of Fennard, natural brother to the
earl of Arran. The officious affiduity of this man, his
ambition, and his thirft of blood, were in a high degree
acceptable to the clergy ; and to this eminence their re¬
commendation had promoted him. Upon the flighteft
fufpicion he was allowed to call any perfon before him,
toferutinize his creed, and to abfolve or to condemn
him. A tribunal fo dreadful could not have found a
direftor more fuited to it. He was in hafte to fill the
prifons of the kingdom with culprits, and was taking
down in lifts the names of all thofe to whom herefy was
imputed by popular report, and whom the arts of mali¬
cious men had reprefehted as the objefts of correftion
and punithment. But, while he was brooding over
mifehief, and multiplying in fancy the triumphs of his
wickednefs, an unexpefted turn of affairs prefented Ha¬
milton himfelf in the light of a criminal, and condufted
him to the fcaffold.
The brother of Mr Hamilton the martyr, to avoid
perfecution, had been obliged to go into baniftiment j
but, by the interceffion of his friends, he was permit¬
ted to return for a ftiort time to his own country, that
he might regulate the affairs of his family. He was
connefted with Sir James Hamilton j and, trufting to
the ties of blood, ventured to prolong his ftay beyond
the period allowed him. This trefpafs was trivial. Sir
James Hamilton, being willing to give a fignal ex¬
ample of feverity, and by this means to ingratiate
himfelf the more with the priefthood, took the refo-
lution of making his own relation the viftim of his
power. Mr Hamilton, attentive to his-perfonal fecu-
rity, and not unacquainted with the moft private ma¬
chinations of this inquifitor, difpatched his fon to the
king, who was about to pafs the Forth in a barge,
and intreated him to provide for his fafety, as Sir
James Hamilton had confpired with the houfe of Dou¬
glas to affafiinate him. James V. being at variance
4-r
77. T s c o
with the houfe of Douglas, had reafons of fufpicion, Scotlanil.-
and was difpofed to believe every thing that is molt
flagitious of Sir James Hamilton. He inftrufted the
young gentleman to go with expedition to Edinburgh,
and to open the matter to the privy-council; and that
he might be treated with the greater relpeft, he fur-
nillied him with the ring which he was accuftomed to
fend to them on thofe important eccafions which re¬
quired their addrefs and aftivity. Sir James Hamil¬
ton was apprehended and imprifoned. An accufation
of having devifed and attempted -the king’s death at
different times was preferred againft him. His defence
appeared to be weak and unfatisfaftory. A jury, which
confifted of men of rank and charafter, pronounced 4?T
him guilty ; and being condemned to fuffer the death CoiKlemn-
of a traitor, he loft his head, and the quarters of hisC(l ar|d exe-
body were expofed upon the gates of the city of Edin-cutcci'■
burgh. The clergy, who could not prevent his trial •
and execution, regretted his death, but did not think of
appointing a fucceffor to him in their court of inquifi-
tion.
In other refpefts, however, James fhowed great con¬
cern for tbe welfare of his people. Being diffatisfied
with the ordinary adminiftration of juftice, he had re-
courfe to the parliament of Paris for a model of the
like inftitution in Scotland. Great objeftions lay againft:
juries in civil matters, and to ambulatory courts of ju¬
ftice. The authority of the heritable jurifdiftions was
almoft exclufive of all law ; for though the king might Jin^2re
prefide in them, yet he feldom did fo ; and appeals be - gXtes the,
fore the council were difagreeable and expenfive. The courts of
inftitution of the lords of articles threw too much weight ju^ce*
into their fcale, as no bufinefs could be tranfafted in
parliament but what they allowed or permitted ; and
it was always in the power of the king to direft them
as he pleafed. The true fource of the public grievan¬
ces, in matters of property, lay in the difregard fhown
to the excellent afts which had part during the reigns of
the firft three James’s, and which had not been fuffici-
ently fupported in the late reigns. The evil had ga¬
thered ftrength during the minority of James V.; and
he refolved to eftabliffi a ftanding jury for all matters of
law and equity (for, properly fpeaking, the court of fef-
fion in Scotland is no more), with a prefident, who was
to be the mouth of the affembly. On the 13th of May, An
1532, as we find by a curious manufeript in the Britiftv ^55^'
mufeum, the lords of the articles laid before the parlia-Origin of
ment the propofition for inftituting this court, in the fol-l'ie court
lowing words : “ Item, .anent (concerning) the fecondof feffion*
artickel concerning the order of juftice ; becaufe our fo-
vereign lord is maift defirous to have an permanent order
of juftice for the univerfal of all his lieges; and therefore
tendis to inftitute an college of cunning and wife men
for doing and adminiftration of juftice in all civil ac¬
tions : and therefore thinke to be chofen certain perfons
maift convenient and qualified yair (there), to the num¬
ber of fifteen perfons, half fpiritual, half temporal, with
an prefident.”
In the year 1533, hoftilities were recommenced with An
England ; but after fome flight incurfionson both fides, 474
a truce again took place.. The moft remarkable tranf-NeS°cia-
aftions of this period, however, next to the religioustiom for,
perfecutions already mentioned, were the negociationstlie ^'"g,S '
for the king’s marriage. Indeed, there is fcarcely any lcUua‘>ei '
monarch mentioned in hiftory who feems to have had a
greater.