tion of the complaints and libels exhibited against them; and, finding them guilty of the breach of the Cautions agreed upon in the assembly of Montrose, A.D. 1600, for restricting of the minister-votes in parliament from encroaching upon the liberties and jurisdictions of this Kirk, which was set down with certification of deposition, infamy, and excommunication; and especially for receiving consecration to the office of episcopacy, condemned by the "Confession of Faith," and acts of this Kirk, as having no warrant nor fundament in the Word of God, but by virtue of this usurped power, and power of the high commissions, pressing the Kirk with novations in the worship of God; and for their refusal to underlie the trial of the reigning slander, and of sundry other gross transgressions and offences laid to their charge; therefore, the assembly, moved with zeal to the glory of God and purging of this Kirk, ordains the said pretended bishops to be deposed, and by these presents doth depose them, not only of the office of commissionary to vote in parliament, council, or convention, in the name of the Kirk, but also of all functions, whether of pretended episcopal or ministerial calling; and likewise, in case they acknowledge not this assembly, reverence not the constitution thereof, and obey not the sentence, and make not their repentance conform to the order prescribed by this assembly, ordains them to be excommunicated, and declared to be of those whom Christ commandeth to be holden by all and every one of the faithful as ethnicks and publicans, and the sentence of excommuication to be pronounced upon their refusal, in the Kirks appointed by any of these who are particularly named, to have the charge of trying their repentance or impenitency; and that the execution of this sentence be intimate in all the Kirks within this realm, by pastors of every particular congregation, as they will be answerable to their presbyteries or synods, or the next general assembly in case of negligence of the presbyteries or synods. 115. CXIV. July 27, A.D. 1639. The Earl of Traquair, Lord Commissioner for Scotland, his C. R. At the first meeting of the assembly, before it be brought in Rushworth's dispute who shall preside, you shall appoint him who was moderator in the last assembly to preside in this, till a new moderator be chosen. Hist. Col lect, pt. 2. p. 949. We allow that lay-elders shall be admitted members of this assembly, but in case of the election of commissioners for presbyteries, the lay-elders have had voice, you shall declare against the informality thereof; as also against lay-elders having voice in fundamental points of religion. At the first opening of the assembly, you shall strive to make the assembly sensible of our goodness.And that for great and weighty considerations, we have commanded the archbishops and bishops not to appear at this assembly. You shall not make use of the assessors in public, unless you find you shall be able to carry their having vote in the assembly. You shall labour to your utmost, that there be no question made about the last assembly; and in case it come to the worst, whatever shall be done in ratification, or with relation to the former assembly, our will is that you declare the same to be done as an act of this assembly, and that you consent thereto only upon these terms, and no ways as having any relation to the former assembly. You shall by all means shun the dispute about our power in assemblies; and if it shall be urged, or offered to be disputed, whether we have the negative voice, or the sole power of indicting, and consequently of dissolving, except you see clearly that you can carry the same in our favour, stop the dispute; and rather than it be decided against us, stop the course of the assembly until we be advertised. For the better facilitating of our other services, &c. we allow you to declare, that notwithstanding our own inclination, or any other considerations, we are contented for our people's full satisfaction to remit episcopacy, and the estate of the bishops, to the freedom of the assembly; but so as no respect be had to the determination of the point in the last assembly. But in giving way to the abolishing of episcopacy, be careful that it be done without any warrant from the bishops; and if any offer to appear for them, you are to enquire for their warrant, and carry the dispute so, as the conclusion may seem not to be made in prejudice of episcopacy, as unlawful, but only in satisfaction to the people for settling the present disorders, and such other reasons of state. The general assembly is not to meddle with any thing that is civil, or which formerly has been estabished by act of parliament, but upon his majesty's special command or warrant. We will not allow of any commissioner from the assembly, or any such act, as may give ground for the continuing of the Tables or Conventicles. In case episcopacy be abolished at this assembly, you are to labour, that we may have the power of choosing so many ministers as may represent the fourteen bishops in parliament; or, if that cannot be, that fourteen others whom we shall present, be agreed to, with a power to choose the "Lords of the Articles" for the nobility at this time, till the business be farther considered. We allow that episcopacy be abolished for the reasons contained in the articles, and the covenant of 1580, for the satisfaction of our people be subscribed; provided it be so conceived that thereby our subjects be not forced to abjure episcopacy as a point of popery, or contrary to God's law, or the Protestant religion; but if they require it to be abjured, as contrary to the constitution of the Church of Scotland, you are to give way to it rather than make a breach. Some part of the instructions foreign to the argument have been omitted. The king, at his return to London, wrote the following letter to the archbishop of St. Andrew's. CXV. Right trusty and well-beloved Councillor, and Reverend Father in God, we greet you well. August 6, Rushworth's Your letter, and the rest of the bishops, (sent by the elect Hist. Collect. pt. 2. of Cathness) to my lord of Canterbury, has by him been com- p. 951. 116. municated to us: and, after serious consideration of the contents thereof, we have thought fit ourself to return this answer to you for direction, according to our promise, which you are to communicate to the rest of your brethren. We do in part approve of what you have advised concerning the prorogating the assembly and parliament, and must acknowledge it to be grounded on reason enough, were reason only to be thought on in this business: but considering the present state of our affairs, and what we have promised in the "Articles of Pacification," we may not (as we conceive) without great prejudice to ourself, and service, condescend thereunto; wherefore we are resolved (rather necessitated) to hold the assembly and parliament at the time and place appointed; and for that end we have nominated the earl of Traquair cur commissioner, to whom we have given instructions not only how to carry himself at the same, but a charge also to have a special care of your lordships, and those of the inferior clergy, who have suffered for their duty to God, and obedience to our commands. And we do hereby assure you, it shall be one of our chiefest studies how to rectify and establish the government of that Church aright, and to repair your losses, which we desire you to be most confident of. As for your meeting to treat of the affairs of the Church, we do not see at this time how that can be done; for within our kingdom of Scotland we cannot promise you any place of safety, and in any other of our dominions we cannot hold it convenient, all things considered; wherefore we conceive, that the best way would be for your lordships to give in, by way of protestation or remonstrance, your exceptions against the assembly and parliament, to our commissioners, which may be sent by any mean man, so he be trusty, and deliver it at his entering into the Church; but we would not have it either read or argued in this meeting, where nothing but partiality is to be expected, but to be represented to us by him; which we promise to take so into consideration as becometh a prince sensible of his own interest and honour, joined with the equity of your desires; and you may rest secure, that though perhaps we may give way for the present to that which will be prejudicial both to the Church and our own government, yet we shall not leave thinking in time how to remedy both. We must likewise intimate unto you, that we are so far from conceiving it expedient for you, or any of my lords of the clergy, to be present at this meeting, as we do absolutely discharge you going thither; and for your absence this shall be to you, and every of you, a sufficient warrant. In the interim, your best course will be to remain in our kingdom of England, till such time as you receive our farther order, where we shall provide for your subsistence, though not in that measure as we could wish, yet in such a way as you shall not be in want. Thus you have our pleasure briefly signified unto you, which we doubt not but you will take in good part. You cannot but know, that what we do in this, we are necessitated to. bid you farewell. So we Whitehall, Aug. 6, 1639. CXVI. C. R. Farther Instructions given to the Earl of Traquair, Lord High Right trusty, Charles R. Hist. Collect. pt. 2. We have hitherto commanded Hamilton to answer several Rushworth's of your letters; but that of the 16th of August, being of more weight than any of your former, we have thought fit to answer p. 953. it ourself. And whereas you say nothing will satisfy them except in terminis the last assembly be named and ratified, or that way be given to the discharging of episcopacy as abjured in that Church, as contrary to the "Confession of Faith" in 1580, and the constitutions of the same: you being yet in some hope that the word "abjured" may be got changed; and that, in drawing up the words of the act, it be only condemned as contrary to the constitution of the Church. We in this point leave you to your instructions, they being full, if you consider what we have said concerning episcopacy and subscribing the "Confession of Faith" in 1580. We, thinking it fit to declare hereupon unto you, that, let their madness be what it will, farther than we have declared in our instructions in these points we will not go. For the Service Book and Book of Canons, though we have |