The provost, baillies and town council of Glasgow voted A.D. 1638. the Lord High Commissioner an address of thanks for his exertions, with which the clergy expressed their concurrence in glowing terms. The University of Aberdeen had always condemned the Covenant of the Lords, because it had been entered into without the consent of the King. Its members signed the old Covenant without scruple; certain restrictions were attached it is true, but such as betrayed a leaning to episcopal government, and an aversion from the claims of the national assemblies of the Church. Of the fifteen Judges of Session who had been brought back again to Edinburgh by Hamilton’s means, nine affixed their signature to the old Covenant. Even the Lord Advocate, who had at first assisted the opposition by his advice, now affirmed that the King’s declaration was the greatest piece of good fortune which had befallen the Church of God since the Reformation.

And certainly from the point of view of religious controversy this appeared to be the case. The King’s concessions only needed to be maintained and to be confirmed in the popular assemblies appointed to be held, in order to constitute a firm foundation for the freedom of the Church and for that of the State, which was closely connected with it. Charles I in these negotiations cannot be accused of obstinate adherence to a foregone system. He granted everything which the Scots had originally demanded.

This compliance however did not content them; and we cannot be very much surprised that it did not. It is ever the rule that when political parties are repelling an injury done them, peculiar tendencies of more general application grow up in them. The development of strength, which was necessary for obtaining some end, feels capable of asserting itself in a yet wider sphere. Individual positions, which the holders will not surrender, obligations to which those who undertook them will not prove false, contribute to the same result. In Scotland at that time, Lord Rothes, a man of easily excited popular and enterprising nature, found himself, to his infinite satisfaction, at the head of a powerful and constantly increasing party whose reverence he enjoyed. Lord Loudon, who had not long left the schools, felt a natural satisfaction at the scholastic element in the controversy, at A.D. 1638. the opposition of ideas, and the subtle distinctions and syllogisms which it presented. The conflict which had been opened offered the widest scope to his ambition, which had been repressed by his feelings of loyalty[107]. Hamilton represented to these noblemen that, after the King had done so much for them, they also were bound to do something for him. He thought that he might arrange with them what should be brought forward and decided in the assemblies appointed to be held. He demanded from them, if they would not go so far as to sign the old Covenant, at least such a modification of the new Covenant as the King could accept. But they declared that they would thus be themselves condemning the oaths which they had taken, and induced others to take: they did not deny that it would have been desirable for them to have had the King’s authorisations for those signatures and oaths; but they added that the less authority they had had, so much the less hypocrisy, and so much the more truthfulness and freedom there had been. Extensive alterations had followed from the acceptance of the Covenant: in the presbyteries the moderators appointed under the influence of the bishops had been again ejected: in an assembly of burghs the resolution had been taken to retain no magistrate who had not signed the new Covenant. They asked whether they were again to destroy what they themselves had founded, and to break up the alliance which made them powerful, and which gave them a better security than all the proclamations of the King? For his concessions appeared only to have been extorted by circumstances; they expected that when circumstances altered, they would again be withdrawn.

And, moreover, the Scottish Covenanters had not yet reached their ultimate aim. The design of abolishing episcopacy, of which they had always been accused, but which they had hitherto, perhaps with truth, disclaimed, was now become their conscious intention. The main reason of their protest against the King’s proclamation was, that they might not appear pledged to maintain the institution of episcopacy. A.D. 1638. They now applied their whole influence to prevent the signature of the royal Covenant.

It is worth noticing how completely aristocratic and religious interests were blended on this occasion. In counties in which the great lords were most powerful the Covenant of the King did not receive a single signature. A prophetess arose who declared this Covenant to be made by Satan, the people’s Covenant to be given from Heaven: and her utterances found credit. The latter Covenant was indeed a logical result of the great commotion, and conducted to further extremes the enthusiasm out of which this commotion had arisen: the former was a resource taken up under the pressure of circumstances, and gained no confidence.

These influences had their effect on the elections to the General Assembly which now came on. The committee of the Covenanters which sat in Edinburgh exercised the greatest influence over them. Their instructions to the presbyteries are extant, in which they caution them to elect no one who had shared in the institution of bishops or in the proceedings of the High Commission, or had acquiesced in the imposition of the Liturgy: but on the other hand, to make provision in the proper place for the election of members of the nobility and gentry belonging to their party[108]; and generally to prepare carefully for the elections, in order that the votes might not be split up. Even before this time a dominant influence had often been exerted in the election of representatives, for instance, in France, in the constitution of the Assemblies of the League; but this was perhaps the first occasion on which popular elections had been conducted by a committee with such precise instructions. In the elections the adherents of the Covenant of the nobles were completely victorious.

The Assembly of the Church which was opened on November 21, 1638, in St. Mungo’s Cathedral, at Glasgow, A.D. 1638. presented a very extraordinary spectacle. On the floor of the church the lords and gentlemen were seen sitting at a long table as the elected elders of the Church; but their spiritual capacity did not prevent them from wearing swords at their sides and daggers in their belts. Behind them on benches, which rose as in an amphitheatre, sat the preachers: separate galleries were erected for the public, for the nobility, and the commons.

Hamilton had hoped to sever the interests of the ministers from those of the lay elders, and to enlist the former body on the side of the King. This sight was enough to teach him how greatly he had deceived himself. He still thought that the elections most obnoxious to him, which had not unfrequently been conducted in a disorderly manner, might be set aside on a scrutiny. In fact, some elections were declared invalid: but these were only cases in which men not partisans of the Covenant had been chosen. The Assembly constituted itself entirely in accordance with the views of the Covenanters. Henderson was nominated moderator: Johnston who, as secretary of the Edinburgh Committee, had had the greatest share in conducting the elections, was nominated secretary of the Assembly.

Charles I had hoped that the General Assembly would be constituted according to the forms in use when it had last met under his father, when hardly anything had been heard of the lay elders. In that case it might have been expected that episcopacy would be maintained, even if it were made subject to the general representative body of the clergy. But without applying to him for permission, an elder had been elected to represent every presbytery, and that without regarding whether the elder so elected was resident in the presbytery or not. The leaders of the movement, who were the original promoters and subscribers of the Covenant rejected by the King, and declared by him irreconcilable with the duty of a subject, now confronted him as the most prominent members of an Assembly invested with undefined right.

Everything had been already prepared beforehand in the Assembly for taking the decisive step against the bishops. Just at the time of the elections it had been recommended A.D. 1638. that proofs of their guilt should be collected, and preparations made for an abstract discussion on the nature of their office. The bishops now handed in a declinatory on their part also, in which they especially insisted on the point that an assembly composed for the most part of laymen, had no longer an ecclesiastical character, and by the ancient usages of the Church was incapable of sitting in judgment on bishops. But in the prevailing state of opinion, how could any regard be paid to this objection? The Moderator put the question to the Assembly, whether they did not consider themselves nevertheless as the legally-constituted tribunal for judging the bishops. The Lord Commissioner would have allowed judicial proceedings to be taken against the bishops, but only in a General Assembly summoned according to the forms usually adopted of late, not in this Assembly, against which he had protested from the beginning, and which every one knew to be contemplating the entire abolition of episcopacy. He thought that he could not await the issue of the voting. He once more explained why he was obliged to declare the composition as well as the claim of the Assembly to be illegal; and he then pronounced its dissolution in the name of the King. But the Assembly was now in a humour which mocked at the exercise of any authority on the part of the crown. Henderson said that the Lord Commissioner might uphold the prerogative of his master as much as he pleased; but that there was yet another prerogative, that of the Church of God, and the General Assembly must take care of this. He first put the question to the Assembly whether, in spite of the declaration which they had heard from the Commissioner, they thought of proceeding with their deliberations. Only some ten votes were given in the negative. Then he returned to his former question, whether the Assembly regarded itself as the tribunal which had jurisdiction over the bishops; and this was answered unanimously in the affirmative[109].