dissolve this league, and to break asunder the ties by which the
Covenanters were bound together—after issuing new proclamations for the
enforcement of the Liturgy, and the rotten Episcopacy of Scotland, and
again in trepidation recalling these—after attempting, by a revival
of the Covenant and Confession of the former reign, with hollow
and equivocal terms intermixed with it, to counteract the National
Covenant—and, after essaying to beguile the Covenanters by conceding
to them a General Assembly of the Church and a Parliament, fettered,
however, with such conditions as would have rendered these but a
repetition of the corrupt and packed assemblages which, from 1606 to
1618, inclusive, had, under the management of his father, subverted
the law of the land and the liberties of the Church—Charles was at
length constrained to bow before a spirit which he could neither quell
nor conquer. Hamilton, after various journeys betwixt the Court and
Scotland, at last arrived at Dalkeith on the 16th of August; and, after
anxious consultations with the Privy Council during several days,
that body, with the royal sanction, at length abandoned the policy
which he had endeavoured to enforce, and two acts were proclaimed—the
one indicting a General Assembly at Glasgow on the 21st of November
following, and another summoning a Parliament to be held at Edinburgh
on the 15th of May 1639; and, at the same time, a declaration by the
King was proclaimed, discharging the use of the Service Book, Books of
Canons, High Commission, and Articles of the Perth Assembly—ordaining
free entry to ministers, and subjecting the bishops to the jurisdiction
of the General Assembly. A sort of amnesty also was passed, and a fast
appointed to be held, on the fourteenth day before the Assembly, for a
peaceable end to the distractions of the country.[21]
And thus the people of Scotland achieved a vindication of their laws
and liberties, without one human life being sacrificed, or one drop
of blood being shed; after years of deep dissimulation, was Charles
constrained, by a great national confederacy, to yield in the end,
all that his subjects had required at his hands as their sovereign.
The conflict, however, was not yet terminated, and it continued, with
many varieties of fortune, through future years. But the purpose
for which the preceding narrative has been given being attained, it
would be premature to prosecute these historical details further
at present. Such a preliminary statement, however, appeared to be
necessary, in order to clear the way for the Proceedings of the first
General Assembly of the Church which had taken place during the long
space of thirty-six years; for, although there had been six nominal
assemblies during that interval,[22] these were so overborne by royal
interference, and illegal and unwarrantable intrusions, that they were
all essentially illegal, and were afterwards held to be null and void
for ever.
In bringing the Proceedings of the Assembly 1638, under the reader’s
notice, it is deemed expedient to do so by embodying in these pages
a very interesting account of the meeting of the Assembly, from the
Journals of Principal Baillie, who was a member of it, and whose
volumes, referable to those times, are considered of the highest
authority by all succeeding historians. His account of the Assembly,
up to the time that the Court was constituted by the election of a
Moderator and Clerk, is all that is meant to be given in this place.
“Notwithstanding the indiction,” says Baillie, “our hopes were but
slender ever to see the downsitting of our passionately-desired
Assembly with the Commissioner’s consent, for daily he found himself
more and more disappointed in his expectation to obtain these things
which it seems he put the King in hopes might be gotten. Episcopacy
to be put in place of safety, above the reach of the Assembly’s hand,
was now seen to be impossible, if his engines for this purpose, by
the skill of his party, was turned back upon him. The Council had
subscribed the King’s Covenant, as it was exponed at the first in the
1581 year. His declaration, that Episcopacy was then in our Church, and
will, that the Assembly should be discharged to meddle in the trial of
this matter, could not be gotten concluded in a Council act. Sundry
of the Lords of the Session being required to subscribe the Covenant
in that his sense, refused; with a protestation, that the exposition
of these parts which might make for or against Episcopacy, should
be referred to the determination of the ensuing Assembly. Noblemen
and ministers did not dissemble their mind in their discourse of the
unlawfulness, at least the inexpediency, of this office in our Church,
and so their design by any means to have it presently put down. This
put his Grace in great perplexity; for he conceived, as some said, by
the words and writs of sundry of our nobles of chief respect, that the
Assembly might have been gotten persuaded to establish, at least to
permit, or pass by untouched, that office: when the contrary appeared,
he was at a nonplus; for his instructions had made the place of bishops
a _noli me tangere_; but their persons were permitted to the doom of
the severest mouth among us, where their miscarrying had required
censure. His next disappointment was in the matter of the Covenant.
He thought to have gotten the King’s Covenant universally subscribed,
and ratified hereafter in the Assembly; so that the other, which had
been subscribed by us before, might be quietly, without any infamous
condemning of it, suppressed and buried. But far above and against
all his thoughts, that Covenant was universally refused; and, among
these few that put their hands to it, divers avowed their mind, in all
things, to be the same with those who had sworn the first. The missing
of this intention increased his Grace’s malcontentment. In two other
designs also he found himself much deceived. He thought, an act for the
freedom of the practice of Perth Articles, might have contented us; and
without condemning the matters themselves, before the Parliament by
supplication had been brought to the casing of the standing law; but
an universal inclination appeared in all to have the things themselves
tried without delay, and acts presently found anent them, as their
nature required. Sicklike his instructions carried him to the removal
of the high commission, books of canons, ordination, service, but to
reason or condemn anything contained in any of them, which might have
reflected against any public order, or anything practised or allowed by
my Lord of Canterbury and his followers, in England or elsewhere. We in
no case could be content, except we were permitted to examine all that
were in these books, their matter now being the avowed doctrine of many
in our Church; and since we found the articles of Arminius, with many
points of the grossest Popery, in the books, sermons, and discourses
of our bishops and ministers, we were resolved to have these doctrines
censured as they deserved, without any sparing with respect to any
person who maintained them.
“The Commissioner, finding himself mistaken in all these, and many
more of his designs, was afraid to labour to discharge the Assembly
before it began, or at least to mar it so, if it sat down, that it
should do no good. We referred to this intention his diligence to find
subscribers to protestations against the assembly. We heard by our
opposites of huge numbers of thir; yet when it came to the proof, there
were but few who could be moved to put their hands to such an act; yea,
not one who durst avow it, and reason the lawfulness of their deed.
Some twenty hands at most were at the bishops’ declinature opposite
to our covenant. A few others, especially eight of the Presbytery of
Glasgow, (who, to the Commissioner’s great discontent, refused to
adhere,) made forms of protestations by themselves; but to no purpose.
From this same intention, we alleged, flowed the putting to the horn,
some days before our sitting, all these commissioners of the nobles,
gentry, ministers, who, for any civil cause or pretence, could be
gotten denounced, that so the synod should be deprived of many members.
This practice was so new, and so strong reasons given in, why this kind
of horning should hinder none from voicing in a synod, that no use was
or durst be made of any such exception; only the Treasurer’s good-will,
by the invention, was collected to be but small toward our cause. A
proclamation also was made, that none should come to the place of the
Assembly but such as were members; and that in a peaceable manner.
We protested, all might come who had interest, of party, witnesses,
voters, assessors, complainers, or whatever way; and that every man
might come with such retinue and equipage as the Lords of Council
should give example.
“These, and many more occurrences, put us in a continual fear of the
Assembly’s discharge; yet the King’s word was engaged so deeply,
proclamations, publick fastings at his command, had already past; and
mainly the King’s thought, that the inserting what he had granted,
anent the service-book, canons, and Perth articles, in the Assembly’s
books, would give some contentment to the people, and disengage his
promise of an assembly, though nothing more should be granted: these,
and such considerations, made the Assembly sit down, contrary to all
our fears, and a fair face to be made for a while by the Commissioner,
as if he intended nothing else, and confidently expected his sitting
till all questions should be peaceably decided for the content of all.
“On Friday, the 16th of November, we in the west, as were desired,
came to Glasgow; our noblemen, especially Eglinton, backed with
great numbers of friends and vassals. We were informed, that the
Commissioner and counsellors were to take up the town with a great
number of their followers. So the nearest noblemen and gentlemen were
desired to come in that night well attended. The town expected and
provided for huge multitudes of people, and put on their houses and
beds excessive prices; but the diligence of the magistrates, and the
vacancy of many rooms, quickly moderated that excess. We were glad
to see such order, and large provision, above all men’s expectation;
for which the town got much thanks and credit. It can lodge easily,
at once, Council, Session, Parliament, and General Assembly, if need
should require.
“On Saturday most of our eastland noblemen, barons, and ministers, came
in. In the afternoon, the Lord Commissioner with most of the council
came. The Earls of Rothes, Montrose, and many of our folks, went out
to meet his Grace. Much good speech was among them; we protesting,
that we would crave nothing but what clear scripture, reason, and law,
would evince. His Grace assured nothing reasonable should be denied.
On Sunday afternoon, some of the wisest of the ministry consulted upon
the ordering of affairs. For myself, I resolved not to be a meddler in
anything. I was well lodged. I had brought in a trunk full of my best
books and papers. I resolved to read and write, and study as hard as
I could all incident questions. On Monday the ministry met in three
divers places; for no one private place could contain us. Out of every
meeting three were chosen, nine in all, to be privy to hear references
from the nobility, barons, burrows, to ripen and prepare what was to
be proponed in public. We laid it on Mr Alexander Somervail, an old
half-blind man, sore against his heart, to preach on Tuesday. He did
pretty well. He insisted at length on the extirpation of all bishops,
little to the contentment of some, but greatly to the mind of the most.
Our privy consultation was about the clerk and the moderator. We were
somewhat in suspense about Mr Alexander Henderson. He was incomparably
the ablest man of us all for all things. We doubted if the moderator
might be a disputer; we expected then much dispute with the bishops and
Aberdeen doctors. We thought our loss great, and hazardous to lose our
chief champion, by making him to be a judge of the party; yet at last,
finding no other man who had parts requisite to the present moderation,
(for in Messrs Ramsay, Dick, Adamson, Pollock, Cant, Livingston,
Bonner, Cunningham, there were some things evidently wanting,) we
resolved that Mr Henderson of necessity behoved to be the man. Mr
Johnston to us all was a nonsuch for a clerk.
“In the afternoon, Rothes, with some commissioners, went to the
Commissioner, shewing, that the custom of our Church was, to begin her
Assemblies with solemn fasting; also, that in absence of the former
moderator, the oldest minister of the bounds or moderator of the
place, used to preach, and moderate the action till another be chosen;
that old Mr John Bell, for the reverence of his person, let be the
other considerations, was meet to begin so great an affair. His Grace
agreed presently to the fast. To the other motion he shewed, that it
was his place to nominate the preacher to begin the action; that he
knew none more worthy of that honour than the man they named; that he
should think upon it. After an hour, he sent Dr Balcanqual to Mr John,
desiring him to preach on the Wednesday, and moderate till another was
chosen. On Tuesday after sermon the fast was intimated, and preaching
in all the churches to-morrow. In the afternoon, we, in our meeting,
appointed preachers for all the churches, as we did so long as we
remained in town, for we took it to be our place. However, Mr John
Maxwell refused to lend his pulpit to any so long as the Commissioner
staid; and craved of his Grace, that none might come there but himself.
So for the two first Sundays, before and after noon, Mr John took the
High Church, and preached after his fashion, nothing to the matter in
hand, so ambiguously that himself knew best to what side he inclined.
I moved in our meeting, that in our advertisements, at least, we might
follow the course of Dort, the commissioners from one presbytery should
have their ordinary meetings to advise together of any matter of
importance; for there were five from every presbytery, three ministers,
one from the shire and one from the burgh, which might help one another
in consideration. This was applauded. But when we came to the action,
this and sundry other good overtures could not be got followed. Every
man behoved to do for himself. Private association could not be gotten
kept. We intended to have had sermon in the afternoon, where we were,
in the great church, and so to have delayed the opening of the synod
till the morrow; but danger being found in law to delay the synod to
another day than the king had appointed, we resolved to let the people
continue in their humiliation in the other churches; but presently
after sermon in the morning, we, the members of the synod, thought meet
to begin our business.
“1. On Wednesday, the 21st of November, with much ado could we throng
into our places, an evil which troubled us much the first fourteen days
of our sitting. The magistrates, with their town-guard, the noblemen,
with the assistance of the gentry, whilst the Commissioner in person,
could not get us entry to our rooms, use what force, what policy they
could, without such delay of time and thrusting through, as grieved and
offended us. Whether this evil be common to all nations at all public
confluences, or if it be proper to the rudeness of our nation alone,
or whether in thir late times, and admiration of this new reformation,
have at all publick meetings stirred up a greater than ordinary zeal
in the multitude to be present for hearing and seeing, or what is the
special cause of this irremediable evil, I do not know; only I know my
special offence for it, and wish it remeided above any evil that ever I
knew in the service of God among us. As yet no appearance of redress.
It is here alone, I think, we might learn from Canterbury, yea, from
the Pope, yea, from the Turks or Pagans, modesty and manners; at least
their deep reverence in the house they call God’s, ceases not till it
have led them to the adoration of the timber and stones of the place.
We are here so far the other way, that our rascals, without shame, in
great numbers, makes such din and clamour in the house of the true God,
that if they minted to use the like behaviour in my chamber, I would
not be content till they were down the stairs.
“When, with great difficulty, we were set down, the Commissioner
in his chair of state; at his feet, before, and on both sides, the
chief of the Council—the Treasurer, Privy Seal, Argyle, Marr, Murray,
Angus, Lauderdale, Wigton, Glencairn, Perth, Tullibardine, Galloway,
Haddington, Kinghorn, Register, Treasurer-Depute, Justice-General,
Amont, Justice-Clerk, Southesk, Linlithgow, Dalziel, Dumfries,
Queensberry, Belhaven, and more; at a long table in the floor,
our noblemen and barons, elders of parishes, Commissioners from
Presbyteries, Rothes, Montrose, Eglinton, Cassils, Lothian, Wemyss,
Loudon, Sinclair, Balmerino Burleigh, Lindsay, Yester, Hume, Johnston,
Keir, Auldbar, Sir William Douglas of Cavers, Durie, younger,
Lamington, Sir John Mackenzie, George Gordon, Philorth, Tairie, Newton.
Few Barons in Scotland of note but were either voters or assessors,
from every burgh, the chief burghs; from Edinburgh, James Cochran
and Thomas Paterson; from all the sixty-three Presbyteries, three
Commissioners, except a very few; from all the four Universities,
also, sitting on good commodious forms, rising up five or six degrees,
going round about the low long table. A little table was set in the
middle, fornent the Commissioner, for the Moderator and Clerk. At the
end, an high room, prepared chiefly for young noblemen, Montgomery,
Fleming, Boyd, Areskine, Linton, Creichton, Livingston, Ross, Maitland,
Drumlanrig, Drummond, Keir, Elcho, and sundry more, with huge numbers
of people, ladies, and some gentlewomen, in the vaults above. Mr John
Bell had a very good and pertinent sermon, sharp enough against our
late novations and Episcopacy. The pity was, the good old man was not
heard by a sixth part of the beholders. That service ended, Mr John
came down to the little table, began the Synod with hearty prayer;
which I seconded with affectionate tears, and many more, I trust,
with me. My Lord gave in his commission to Mr Thomas Sandilands, as
deputed by his father, Mr J. Sandilands, commissar of Aberdeen, clerk
to the last General Assembly. His Grace harangued none at all, as
we expected he would. We found him oft, thereafter, as able to have
spoken well what he pleased, as any in the house. I take the man
to be of a sharp, ready, solid, clear wit; of a brave and masterly
expression; loud, distinct, slow, full, yet concise, modest, courtly,
yet simple and natural language. If the King have many such men, he
is a well-served Prince. My thoughts of the man before that time, were
hard and base; but a day or two’s audience wrought my mind to a great
change towards him, which yet remains, and ever will, till his deeds be
notoriously evil. His commission was in Latin, after a common, legal,
and demi-barbarous style; ample enough for settling all our disorders,
had not a clause containing instructions made it to restrict and serve
ill. I have not yet got the copy. After this, our commissions were
given in to the Moderator and Clerk, for the time, almost every one
in the same tenor and words, containing a power from the Presbytery
to the three ministers and one elder, to reason, vote, and conclude,
in their name, in all things to be proponed, according to the word
of God, and the Confession of Faith of the Church of Scotland, as we
shall be answerable to God and the Church. The Presbyteries, Burghs,
Universities, were called after the order of some roll of the old
Assemblies, not of the latter. This was the labour of the first day.