APPENDIX TO PART I.

PAPERS RELATING TO THE RISE OF THE TROUBLES, FROM THE AUTOGRAPH

OF ARCHIBALD FIRST LORD NAPIER.

I.

A DISCOURS UPON THE BISSINES OF THE TYTHES NOW IN HAND.

I will not, worthy frend,' enter into any curious inquisition whether or no the bisines of the tythes now in agitation, of there own nature easie, be randered difficult by the practise of men interessed, whose maner is to prayse the designes of princes, and crosse them in the meanes, by opposing those that are fitt and advysing the unfit; or be the subtilty of these who ar entrusted and employed, to endear therby there services, and to draw from his Majestie present and certane benefitts, giving in exchange future and uncertain hopes; or if it be there ignorance of affairs who never fix there thoughts upon meanes ready and at hand, (as unfitt to compass great maters, and bearing no proportion with them,) but hunt efter the odd and extraordinary, not knowing that as in nature and art, so in the affaires of men, (which are not merelie natural, but partly so and partly volun

1 The manuscript is not otherwise addressed. It is autograph of Lord Napier, and probably was not a letter to any one in particular, but simply a mode of recording the writer's opinion and views

on a subject of great importance to Scotland. We shall find that Montrose, a few years afterwards, adopted the same epistolary form for conveying his sentiments on the subject of Government.

tare, and therefore much beholden to art and dexteritie in the managing,) the greatest maters are performed ofttymes by the easiest and most obvious meanes. Whether any of these, or all, or none, be the cause, but somewhat else, I know not, and therfore will not wrong any man by my conjectures, but leave the search of remote and hid causes to deeper judgments. Nather will I meddle with the Commission1 or the tenor therof. But that I may in some measure satisfye your desire, I will only sett down the known effects, and then deliver my opinion of the nearest cause of these effects.

The effects are these: A tedious longsomeness, insuperable difficulties, and a generall complaint of all parties; evident arguments of a bissines miscaryed or ill managed, and gifs just cause of fear that the event shall not answer his Majesties expectation in honour nor profitt. That it is longsome, and lyk to be so still, and that it is intricat and dificile, these three years' endevoirs, with so small advancement, gifs evident demonstration, where difficulties, like the heads of Hydra, no sooner one cut off but another arises. That the complaynt and discontent is general the induction of particulars will best shew.

The CLERGY complayne that they are not only defrauded, by this cours, of the Tythes, the true patrimony of the Church, but of all hope of recovering the same in any time coming; that the constitutions of men are prefered to the law of God, not only by derogating from it, but by utter abolishing the same; that sacriledge is allowed by public autority, and broght into the King's hous.

The TITULERS complayne that there infeftments, and ratifications of the same in Parliament, the fundamentall law wherby the subjects posses any thing in property, are, in there particular, by this cours subverted; that they are not only pressed to sell there vineyard, but forced to do it, and the liberty of the pryce not permitted to the agreement of parties, but first there part diminished by a quota, and then the remaynder undervalued by a pryce imposed, nottheles that some have, and all pretend to have, acquyred the same for causes onerous.

The POSSESSORS alledge that the lands are valued above the worth, and not according to the true and naturell fertility; and that there is no defalcation, or deduction, in regard to there industry, or of accidentall or removeable causes of there increase; that most of them not being able to buy there tythe, and the able

1 Commission granted by King Charles to the clergy, nobility, gentry, and burghs of Scotland to treat anent his revocation. Given at the Court of Whitehall, 7th January 1627.'

* Anglice, Impropriators, the nobles and barons, namely, who, after the Reformation, obtained to themselves gifts from the Crown of these tithes, burdened with the support of the clergy.

not willing, for want of security and for other respects, must of necessity pay the quota to the teind-master in victuall, which becomes an inherent dutie of the land, and affects it, and not being paid at the precyse and ordinary termes, as few are able to do, the prices and fiars shall be, as hitherto they have been, made exhorbitant by the commissioners, whom they alledge for the most pairt to be pensioners to the titulers for the purpose; so shall it be still in the tituler's power to oppress them, contrair to the King's gratious intention,

WHO, in my opinion, hes more just caus of offence, than any other of complaynt, to find his gratious and just endeavours, of vindicating the greatest part of his people from the oppression of another part,1 to be thus frustrat and disapoynted, and that which his Majestie intended for the generall good, to give generall discontentment, through the ill carriage of the bissines, wherby his Majestie is defrauded of the honour due to his virtuous and good designes, than which never prince intended more just, more gratious, nor more truly honourable; and in the end it is most likely that his profit shall be much diminished, unles some better cours be taken. For eftir the valuations be made, which some of good judgment do think will come short of that which wes made when the thrids of benefices were assumed, and eftir that the ministers have procured augmentations of stipend, which indeed is expedient, and of number, which is more necessare for the service of God, and eftir that mayntenance for hospitalis and scooles, and other means, in pios usus, be deducted af the tythes, and eftir that the titulers, ather out of favour, or out of consideration of there losse, and the just and meritorious causes of there acquisition of the said tythes, get satisfaction, which undoubtedly all will pretend, all demand, and most of them likely enough receave from so bountifull a disposition,—the remaynder is not likely to prove so great as is giffen out.

As to that other way invented to rayse profitt to his Majestie, (which by relaiton I hear only, being made of late a stranger to all these bissinesses,) by appoynting to the King a certain part of that money which salbe giffen for every chalder that beis boght, I think it not honorable, for even among subjects it is counted base and called brocage, nor proffitable, but caryes only a shadow of profitt, which upon proofe will evanish; becaus it is lyke there will be little or no buying of tithes, for many are unable, and more are unwilling, for these reasons: 1. Becaus no security

2 It is curious to compare this contemporary testimony, of a very honest and acute statesman, to the purity of the King's intentions in this great and influential measure, with the severe dicta of

some modern authors, who will scarcely allow a patriotic object in any act of the unfortunate Monarch's.

can be giffen them, as they think; for the tituler, as tituler, can gif no better than he hath himself, which is esteamed but a patched up one, now in question; and for the clergy, it is no reason to urge them to gif it, who have no benefitt, but alledge detriment; nather do they think his Majestie can give such a right as by his successor may not be quarrelled, by alledging the detriment of the Crown, which hes only got a mean annuity of that which totally belongs to it, and so may fall under revocation. 2. Whatever augmentation of stipend, or new provisions for ministers salbe heirefter, it must come from those who have the inheritance of the tythes; which hazards, those who pay there money will think so hard to be subject to, as they will rather forbear buying at all. So ther being no buying, this ground failing, the project builded thereon falls. But granting that all or the most pairt wald buy, the very same benefitt the King may reape in a fair and ordinary way, by adding it to the ordinary composition, when they come to seek there confirmations eftir they have boght.

The nearest cause, of all these bad effects before exprest, I take to be the preposterous and unfitt meanes used for attayning the King's purpose, and specially the endeavoir to establish a generall quota upon which necessarily dependeth the valuation of all the lands in Scotland. Indeid if the Commission had been giffen to this end, to establish a certaine tythe in some new found land, where never any wes before, this had been the only way. But in Scotland,-where there has ever been a known, or easily to be known, tythe of every parcell of ground, since first it receaved the Christian Religion, according to which tacks have been sett, fines raised, and bargains of sale made,—to induce a new quota, and fitt it to all parts of the kingdome alike, wes, in my opinion, the way to disturb and confound the whole bissines, and no more a means to facilitate the sale, admitting that sale had been the true means, than if a merchant, to the effect his cloth might sell the better, wald sell none with the old receaved yard, but stay till a new one wer made by Act of Parliament.

But, it may be said, aut ne carpas aliena, vel ede tua. The first wherof I wald not do, if I did not think there were a way (if I be not mistaken) to perform the King's gratious intention, in short tyme, with ease, conveniency, contentment and profitt to all, or the most part, without any considerable innovation (which, though to the better, is ever of dangerous consequens in a setled state,) and, what is no little ease to his Majestie, by which no man, of what quality soever, can have any the least pretext to demand satisfaction, or to diminish his Majesties profit. But nather is this tyme fitt for any such proposition,-when his Majestie is made

so hopeful of the cours in hand, and so well conceated of the abilities and the affection of the instruments employed and entrusted,—nather am I a fitt man to do it in the termes I now stand. For no matter, how good soever,' delivered by a man against whom there is prejudice conceaved, can reelish well. But if heireftir (as is very lyke) this cours fail which now is run, and that these mistes, which calumnie and malice have raised to darken his Majesties countenance toward me, be dispersed by the rays of his own cleir judgment, I sall not then be wanting in my affection and dutie. At which tyme, if the proposition lyk his Majestie, to make it effectuall he must own it himself, and, to try it, must ask the opinion of the wisest and best affected concerning the same. For if it sauld be known or suspected to proceed from any other, it is the humour of some of greatest trust and credit about princes, to disable the man, and to slight and cry down any motion, though never so good, which doeth not proceed immediately or mediately from themselves; and upon every occasion that occurreth, will rather give bad information, and worse advice, than give way to others, or seem incapable of any thing themselves. Much lyk that gentleman who rode out, in the company of others, to bring in the Pope to a city in Italy. The Pope asking many questions, and enquiring the names of cities, rivers, and palaces, that came within his view as he went along, this gentleman made answers to all, and gave names to every thing, but never a true one, being himself ignorant of the same, and so continued in discourse with the Pope till he came to his ludging; and when a friend of his rebuked him for abusing his Holines with untruthes, If (sayd he) I had seamed ignorant of what wes asked, the Pope wald have called another, so suld I forego the honour I had, to be seen ryding so near the Pope and in speech with him; and he rests as well satisfyed as if the truth had been exactly told him.'

And truly, if ever any King, our Soveran, may justly make Dioclesian's complaynt, in so far as concerneth Scottish bissines,-Colligunt se quatuor aut quinque circa Imperatorem, atque sibi utilia sub pretextu boni publici et principis, proponunt,-bonos, et virtute præditos, ab Imperatore amovent,-malos, factiosos et sibi idoneos adsciscunt,-veritatem ad aures principis appellere non sinunt,SIT BONUS, SAPIENS, CAUTUS, Decipitur Imperator.'

This manuscript must have been written during the temporary displeasure of the King towards Napier. See the previous numbers.

? These last words are written emphatically large in the manuscript It is a speech put in the

mouth of the Emperor Diocletian, after his voluntary abdication of the throne, when declaiming on his favourite topic, the difficulty of being a good prince. Gibbon thus paraphrases the passage. 'How often is it the interest of four or five minis