“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.
“2. On Thursday, the second diet, we had no scant of protestations; more than a round dozen were enacted. After long delay, and much thronging, being set in our places, the Moderator, for the time, offered to my Lord Commissioner a leet, whereupon voices might pass for the election of a new Moderator. Here arose the toughest dispute we had in all the Assembly. His Grace, the Treasurer, Sir Lewis Stewart, (for, after the rencounter I wrote of at the Council table, the Advocate’s service was no more required, but Sir Lewis used in his room,) reasoning and pressing with great eagerness, that, in the first place, before any Synodical action, the commissions might be discussed, lest any should voice as Commissioners whose commission was null, at least not tried to be valid. This was a ready way to turn the Assembly upside down, and to put us in a labyrinth inextricable: for, before the constitution of the Synod, the Commissioner would have so drawn in the deepest questions—such as the power of elders, the state of ministers censured by Bishops, and many moe, which himself alone behoved to determine, no Assembly being constitute for the discussion of any question. Against this motion, as rooting up all possibility ever to settle any Assembly, but at the Commissioner’s simple discretion, Rothes, Loudon, (Balmerino, through all the Assembly resolved to be well near mute,) Dickson, Livingston, Henderson, reasoned, that custom, equity, and necessity, did enforce the chusing a moderator and clerk before the commissions be discussed, or anything else done. After much subtle, accurate, and passionate pleading—for both sides had prepared themselves, it seems, for this plea—the Commissioner craved leave to retire with the council for advisement. After a long stay in the chapterhouse, returning, he was content to permit voicing for the moderator; with protestation, That this voicing should not import his approbation of the commissions of any voicer against whom he was to propone any just exception in due time, or his acknowledgement of any voicer for a lawful member of the Assembly. His Grace required instruments also of another protestation, That the nomination of a moderator should be no ways prejudicial to the lords of the clergy, their office, dignity, or any privilege which law or custom had given them. Against both thir, Rothes took two instruments, in name of the commissioners from presbyteries and burghs, protesting, That his Grace’s protestations should in nothing prejudge the lawfulness of any commission against which no just nullity should be objected in the time of the trial of the commissions; also, that his Grace’s second protestation should not hinder the discussing the nature of the office, and the alledged privileges of the pretended bishops, in this present assembly. Lord Montgomery, in name of the pursuers of the complaint against the bishops, protested, That his Grace’s protestation should not be prejudicial to the discussing in this present assembly, of their complaints against the persons, titles, dignities, and privileges of the pretended bishops. Mr Jo. Bell urged the voicing for the moderator; but his Grace shewed, that there was presented to him a paper, in name of the bishops, which he required then to be read. Here also was some sharp reasoning. Divers alledged, that no bill, supplication, protestation, or whatsoever, should be read to the Assembly, before it was an Assembly; but immediately after the Assembly’s constitution, it should be in his Grace’s option to cause read that paper of the Bishops, or any other, to which the Assembly’s answer should be returned. After reasoning and requesting, his Grace used his authority to require the reading of the paper. At once there arose a tumultuous clamour of a multitude crying, No reading! No reading! This barbarous crying offended the Commissioner, and the most of all. Silence being gotten, his Grace protested, That the refusal of hearing that paper was unjust. Rothes also required acts of his protestation, in name of the commissioners, That the refusal was just and necessary. All being wearied with the multiplication of protestations, except the Clerk, who with every one received a piece of gold, his Grace, whether in earnest or in scorn, protested of our injury in calling the Lords Bishops pretended, whom yet the acts of Parliament authorized. Rothes, in our name, protested, That they behoved to be taken for pretended, till this Assembly had tried the challenges which were given in against all their alledged prerogatives. How needless soever many of his Grace’s protestations seemed to be, yet I was glad for his way of proceeding. It gave me some hopes of his continuance among us. I thought that this way of protesting had been resolved wisely in council, whereby the Commissioner might sit still till the end, and yet, by his presence, import no farther approbation to any of our conclusions than he found expedient. By appearance this course had been much better than that abrupt departure, which his posterior instructions, to all our griefs, and the great marring of the King’s designs, forced him to. Mr John Bell again presented his leet for moderation. His Grace shewed, that his Majesty had written letters to six of the counsellors, Treasurer, Privy Seal, Argyle, Lauderdale, Carnegie, and Sir Lewis Stewart, as I think, to be his assessors, not only for council, but voicing in the synod. Argyle’s letter was publickly read, that this his Majesty’s desire should be condescended to before any farther proceeding. It was replied, with all respect to the worthy nobles named, That my Lord Marquis, in the produced commission, was appointed sole Commissioner; that assessors were only for council, and not for multiplication of voices; that the King in person could require but one voice; that the giving of more voices to the assessors might give way, not only to very many, as in some unallowable assemblies it had been, but to so many as by plurality might oversway all. Against this refusal his Grace protested, with some grief; and we also, desiring that our reasons might be inserted without protestation. At last we were permitted to chuse the Moderator. Mr John Ker, Mr John Row, Mr J. Bonner, Mr William Livingston, and Mr Alexander Henderson, were put in the leet by Mr John Bell; for the leeting of the new is in the hands of the old. Messrs Ramsay, Pollock, and Dickson, for withdrawing of votes, were holden off. All, without exception, went upon the last, as in the most of our matters there was no diversity at all, or, where any, it was but of a few. I remember not how his Grace voiced; but it was his custom to voice rather by way of permission than to say anything that might import his direct assent; for it seemed he resolved to keep himself, in all his words and deeds, so free, that he might, when he would, disavow all that was done, or to be done, in that Assembly. Mr Henderson being chosen with so full accord, made a pretty harangue, whether off-hand or premeditated, I know not. There was a conclusion taken that night, after some reasoning to the contrary, to have but one session in the day, to sit from ten or eleven, to four or five. So we were all relieved of the expenses of a dinner. An only breakfast put us all off till supper; for commonly we sat an hour with candle-light. We ended this day with the Moderator’s prayers. Among that man’s other good parts, that was one—a faculty of grave, good, and zealous prayer, according to the matter in hand; which he exercised, without fagging, to the last day of our meeting.
“3. In our third session, on Friday November 23, the Moderator presented a leet to be voiced for chusing the Clerk. Here a longer dispute than needed fell out betwixt the Commissioner and the Moderator, whom Rothes, but especially Loudon, did second. The Commissioner, whether of true intent to have a base clerk, of whose submissiveness to their injunctions they might be hopeful, or to shew his piety and equity to see every one kept in their right, where he had place, though he professed small obligation to the young man, who, for no entreaty, would be pleased to shew him any blink of the Assembly’s books; yet pressed much that the young man, Mr Thomas Sandilands, might serve here, as his father, Mr James Sandilands, Commissar of Aberdeen, his depute, since his father’s decease could not spoil him of an advantageous office, whereto he was provided ad vitam. Yet it was carried, that since his father was not provided to that office but by Mr Thomas Nicolson’s demission, and a corrupt Assembly’s consent, without any mention of deputation; also, since he was so infirm as he was unable to attend the service, and unwilling to reside at Edinburgh, where the registers of the Church behoved to lie; for thir, and many other reasons, the clerk’s place was found to be vacant. Consideration was promised to be had of Mr Thomas Sandiland’s interest, which he submitted to the Assembly’s discretion. In the leet, Mr Thomas was first, after John Nicol, and Alexander Blair, and Mr Archibald Johnston. The Commissioner would not voice to any of them, because he saw no lawful demission of the former clerk. The Moderator then took his Grace for a non liquet. Yesternight’s plea was here renewed. His Grace required that his assessor’s voice might be craved in the clerk’s election: the Moderator thought it unfit to trouble their Lordships to voice about a clerk, since they did not voice to the choosing of the Moderator, a superior office. Many words were here spent, till at last reasons in writ were produced, why the Commissioner and his assessors should have but one voice. I thought, in the time, these reasons were of an high strain, and some of them struck deeper on authority than I could have wished. Traquair craved a double of them, and promised an answer; but the subsequent affairs, or somewhat else, hindered that answer yet to appear. This high, yea highest question, (for in all the Assembly we had nothing else that concerned authority,) was closed by the renewing of yesternight’s protestation, on both sides.
“The leet put to voicing, Mr Archibald Johnston, by all save one, was elected. Being deeply sworn, he was admitted to all the rights, profits, privileges, which any in former time had enjoyed by that place: To him, Mr James Sandilands, in face of the Assembly, delivered two registers, which contained the acts of the kirk since the year 1590, testifying that his father had never any more in his custody. The Moderator required all earnestly to procure the production of any of the church-registers that could be had; for the loss of such a treasure as the Church’s evidence, was pitiful. His Grace protested his willingness to do his endeavour for so good a work. Rothes intreated that the Bishops might be caused deliver what they had: for it was known that King James had sent a warrant to Mr Thomas Nicolson, late Clerk, to deliver to the Bishop of St Andrew’s, the Registers of the Church. After much regretting the irreparable loss of these writs, the new Clerk declared, that by the good providence of God, these books they spake of were come to his hands, which he there produced to all our great joy. Five books in folio, four written and subscribed, and margined with the known hands of one Gray and Ritchie, clerks to the General Assembly, containing the full register from the Reformation in 1560, to the year 1590, where Mr Thomas Sandilands’s books began, except some leaves which Bishop Adamson had torn out. Thir one Winram, depute to Mr Thomas Nicolson, had left to one Alexander Blair, his successor in office, from whom Mr Johnston had got them. The first was an extract, by way of compend, from the 1560 to the 1590, whereby, in a good part, the twenty-three leaves of Adamson’s rapine might be restored. The moderator craved that these books might be sighted by Argyle, Lauderdale, and Southesk: but the Commissioner would not permit his assessors to undertake such employment, since they were refused to voice in the Assembly; but he was content that a committee of the members of the synod should be named, to try if these books were authentick and full registers. So Mr Andrew Ramsay, Mr John Adamson, Mr James Bonner, Mr John Row, Mr William Livingston, Mr Robert Murray, with young Durie, the clerk of Dundee, and Mr Alexander Pierson, advocate, were appointed to their report and reasons, as soon as they could. The moderator then required, that for the Assembly’s full constitution, the commissions might be put to trial. But the commissioner caused D. Hamilton first to be called, and present his paper to be read. His Grace urged much, that, since the former objections were removed, of the want of a moderator and clerk, the paper might now be read. It was replied, over and over, that it could not be, till by the discussion of the commissions the Assembly were constitute. Traquair pressed—That the paper possibly had exceptions against the lawfulness of the election of the commissioners, which were impertinent to alledge, if once they were approven. The Commissioner assured, he knew not what was in these papers; but, presupposing they were formed for the opening of the eyes of those who were to voice anent the members of the Assembly, it was the only time to read them before the voicing. Rothes replied—That exception against particular commissioners might not be proponed, until the trial of their commissions; and exceptions against the whole Assembly could not be heard till it were an Assembly. The moderator added, that if in that paper there were any light to open their eyes, they should shortly profess their repentence of their error in not reading it, when it was required. His Grace protested—That this not reading before the trial of the commissions, should import no prejudice to the lords of the clergy, and their adherents; and of this protestation he required an act from the new clerk’s hand. The clerk said, he could write no act without the Assembly’s warrant, and it could give no warrant till once it was in being. The Commissioner then required instruments, in my Lord Register’s hands, of his protestation, since the clerk refused. The clerk shewed his willingness, at the moderator’s directions, to write his Grace’s protestation; but might give no extracts till the Assembly were constitute. In the forming of this protestation, the clerk, I thought, was to seek in that; his wit he kythed ever thereafter; the act behoved to be formed and reformed; the commissioner and the clerk shaped it over and over again, ere they could fall on a fashion which his Grace could like. This made me pity Johnston, and think him the better advocate than clerk; but the youth’s tried sufficiency in both the acts proves my mistaking, or at least that this intake in the first entry to his office was but occasional, and merely accidental.
“In the progress of this dispute his Grace shewed the necessity that was laid on him, in this passage, to be punctually circumspect, for howbeit he was a great Commissioner; yet he was but a poor subject and servant, liable to account for all his service. Much reasoning was that the bishops’ exceptions against the judges should be heard, before they were acknowledged and constitute for judges. When Traquair and Loudon had harped on this string a while, Argyle lends in his word, that a party gives in their exceptions against the assize before it be sworn; so why might not the bishops give in their exceptions against the Assembly, which now was like an assize, called and conveened, but not yet sworn? The moderator cuttedly, (as the man naturally hath a little choler, not yet quite extinguished,) answered—That the Commissioner, his Grace, was of great sufficiency himself; that he only should speak there; that they could not answer to all the exceptions that a number of witty noblemen could propone; that these who were not commissioners would do well to inform his Grace of what they thought meet, in convenient time. This check, I believe, was intended more for others than for Argyle, who would have taken it worse if it had fallen on their fingers. Always Loudon took it off in a quick jest, that my Lord Argyle’s instance was good, if the bishops had compeared as pannelled men before an assize. This wearisome plea ended that day’s action, for his Grace acquiesced in his protestation.”
Having thus, by the foregoing notes and extracts, in some measure prepared the general reader for entering on an examination of the Acts and Proceedings of the General Assembly of 1638, it only remains that we should explain the arrangement which we have adopted in digesting the subject-matter of these pages; and, in stating the following outline of that arrangement, with respect to one Assembly, it is right to state, that we mean to follow out the same plan with regard to all the years that follow. In reference, then, to this first Assembly, we shall present our materials in the following order, viz.:—