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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	court_n	king_n	lord_n	2,970	5	3.7799	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88972	An answer by letter to a worthy gentleman who desired of a divine some reasons by which it might appeare how inconsistent presbyteriall government is with monarchy. In which the platforme of that government is briefly delineated, with the tenents and suitable practices thereof. And withall it is demonstrated, that it is inconsistent with any government whatsoever; is full of faction, sedition and treason; an enemy to all peace, domesticall, neighbourly, brotherly, &c. against soveraigne authority, authority of all iudges, and iudicatories, entrenching upon all so farre, as there can be no liberty of person, trade, commerce or propriety, but at their pleasure who bear sway therein.	Maxwell, John, 1590?-1647.	1644 (1644)	Wing M1377; Thomason E53_13; ESTC R20000	49,076	82

establishing of it may carry along with it a change and distemper in the State and Government or import danger to the King and Crowne The Moderator or any Commissioner hath power to propose it determine it and never to consider or reflect upon the danger of King State or Kingdome and that for God and Christ's glory The proper naturall and right President of this Seraphicall Iudicatorie is one of the Preaching Elders although we observed before how Lay-men as Buchanan Melvil Bruce have been Moderators a Lay-Elder now cannot be Moderator Here is the Legislative power here is the Soveraignty of Christs Kingdome here is the highest Tribunall and Iudicatory of Christ upon the Earth from which no person no office no condition of creature is priviledged from it lyeth no appeale The King hath no Power to appoint the time or place of this Assembly but once a yeare it must necessarily meet And at the close of every Assembly the Present appointeth the day and place for the next If any great Exigencie really or in their fansie intervening requireth the meeting of a generall Assembly before the time determined the Commissioners from the Assembly are to make remonstrance of it unto the King Whatsoever power the Pope unjustly usurpeth The Catholick Church or her virtuall and Representative an oecumenicall councell justly challengeth this generall Assembly vindicateth to it selfe onely Authoritativé by way of authority within the Church of the Kingdome and Nation yet Consensivé and Charitativé to extend to all Neighbour Churches in the World whatever it be that concerneth fidem cultum Regimen c. credenda agenda And yet if this infallible Supreame Iudicatorie would reserve to it selfe that jurisdiction is due to men in Sacred Orders and which intrinsecally radically and originally is in them ex vi ordinis although Presbyters intrude upon higher callings and they place all Ecclesiasticall power at least communicate it to Lay People the Princes condition were tolerable Nay if they did onely trench upon what is due to Soveraignty and with which He is invested from God Almighty which is restrained ad Externum hominem and Externum Regimen although Soveraignty by it be brought into straiter narrower bounds a King might be in some poor condition although Robbed of His Right But when they come to this that in ordine ad spiritualia in order to spirituall things they will give the King Lawes repeale His Lawes command and expect performance and obedience otherwise excommunicate and if a King neglect that Excommunication incite inferiour Magistrates Nobles and Commons to bring Him in order to compell and force him He is in a worse condition under this Soveraignty then under the Pope by how much it is worse to a King to be subjected to an untamed furious Beast the multitude then to the tyranny of one All these Lay-Elders all these Commissioners from Corporations and Burrowes are de jure divino as fully Iudges in all matters of faith worship government Iudges of haeresie idolatry superstition of the highest points of Orthodox and Catholick mysteries of the groslest and subtillest Haeresies Arianisme Arminianisme Macedonianisme Montanisme Socianisme Anabaptisme c. as any man in sacred Orders there have vocem deliberativam vocem decisivam have a debating discussive voyce and concurre as much with the influence of their voyce to prescribe and give us Normam sidei cultûs politiae a confession of faith a prescript for worship Canons for government and discipline as ever Bishops had in lawfull Christian Councells Bishops limbes and members of Antichrist are no part of it Now is forgotten that of the Councell of Chalcedon Concilium Episcoporum est and that old Barbarous but Christian enough verse Ite foras Laici non est vobis locus yci I would gladly aske of one of these Rabbies and great Masters in Israell how commeth it that the Commissioners of Burrowes sit there voyce there are they too de jure divino by divine right If they answer that such are chosen as are or have been Lay-Elders I rejoyne the Lay-Elders come in that capacity onely as Commissioners of the particular Presbyteries These are not members constituents of the Presbyterie in that capacity that they are or have been Lay-Elders but have right and interest in this high Court in that capacity meerly as Commissioners of Burrowes Look upon their acts of generall Assembly and you will find that it authorizes Commissioners from Burrowes to be parts constituent of this Iudicatory quâ tales as sent from the Burrowes Againe I aske seeing you make Doctors one of your four holy Functions Ecclesiasticall constituted by Christ in what Iudicatorie find we them In Sessions they are not In few Presbyteries they be and if there in some other capacitie In generall Assemblies if any be they appeare as Commissioners from the Vniversity in this capacity onely And many times it is seen that Professors of Philosophie have been Commissioners of Colledges in generall Assemblies Leaving these absurdities which are monstrously grosse I come to consider next what is the Soveraigne power of this high Sanhedrim If they would in Christian moderation assume no more to themselves but onely a directive power and by humble Remonstrances and supplications with that reverence is due to Soveraignty and Majesty Petition the King to animate their Acts Canons and Constitutions with the influence of his legislative power this were faire quarter But by your favour no sooner have they enacted it here and so soon as it is solemnly intimated which is by returning to every Presbytery with it's Commissioners a Copie of the Acts Orders and Ordinances and by the Presbyterie's order every Minister hath published them in the Parish Church all things so done are animated with a Potestative power by the influence these orders receive from that Legislative power Christ hath entrusted them with in his oeconomicall Kingdome All then are bound to obedience if it be in the meanest indifferent thing nay if this order crosse or repeale a standing Law all disobedients are liable to all Ecclesiasticall censures and may forth with be proceeded against even till they be delivered over into the hands of the Divell This Assembly is above the King to them he ought to give an account of his faith to their Confession of faith he must conforme himselfe to their orders he must give obedience otherwise he is excommunicable deposable I feare you scarce beleeve me yet truely non verenda retego sed inverecunda confuto I discover not the nakednesse of Father the shame of Brother nor friend would to God the tenets and practices were buried in hell and the maintainers regained to God by true repentance and forsaking their wayes I discover onely things that are past all shame and which our Church can never owne Sir if you will hardly beleeve me in this let me give you their assertions in this case and their conformable practice It

too To confirme this fearing I have wearied you I will bring but one instance and spare to trouble you with more This Story can be made good by Records which I am to tell you And first give me leave to informe you That the Lords of Session who by Act of Parliament are so are in all Civill causes the Supreame Iudicatorie of the Kingdome under the King No Iudgement passed there can be rectified or reduced by any Iudicatorie under the King and Parliament but by themselves which is onely by suspension of Execution of that is judged and decreed or by action of Reduction This is nothing but provocatio a Philippo malè edocto ad Philippum rectiùs edoctum This thus premised I come home Mr Iohn Graham one of the Iudges of that associate body had commenced an ordinary and proper suit before the Lords of Session obtained Decree and Iudgement according to his Libell After which a rumour was noysed abroad that the Writs and Evidences upon which his suit and the judgement upon it were founded were forged and false The generall Assembly took notice of this injust decree as they to whom the inspection of Religion and Iustice belongeth and who were bound not to suffer such an unjust judgement to take place and be executed They send for M. Iohn Graham commanding him by their authority to passe from his decree to make no use of it against the Party against whom it was obtained and that because it was purchased upon false grounds and it gave occasion of great scandall that he being a Iudge should make use of such writs His answer was if any would challenge his Decree or Iudgement upon any just ground he might have his recourse to the ordinary Iudge and take it away by way of reduction but so long as it was not reduced it concerned him to take the benefit of it Then seeing that they could not prevaile by admonition they threatned him with Excommunication if he did not what they enjoyned He appeales from them to the Lords of Session as the onely Competent Iudges in such cases notwithstanding they resolve to proceed against him The Lords of Session finding themselves interessed and the Assembly usurping upon them and their power in this proceeding against one of their owne number who had appealed to them in a civill cause already judged by them directed some of their number to the Assembly and desired them not to meddle any more in that businesse as being meerly civill and no wayes belonging to their jurisdiction This produced no other effect but incensed the holy Fathers to raile against the Iudges as wicked and corrupt men who sided one with another whether it were right or wrong The businesse at last came to this height that the Lords of Session who would not suffer them to encroach upon their Priviledges by vertue of that delegate power and authority they were invested with from the King threatned to out-law them and to proclaime them Rebells to the King if they proceeded any further and would not admit of the appeale The Assembly finding themselves too weake and not able to make their part good by power in which case onely they will be Martyrs fell from the pursuit and all was quieted Sir I pray you to consider in what condition are they that live under such a government that is boundlesse and universall will give Lawes to King Councell and Parliament Repeale theirs at pleasures reduce and make voyd Decrees and judgement of Highest Iudicatories c. What Peace or Tranquillity can there be in such a State or Kingdom Give me leave to tell you a true story It is known and lamented by all good men this day how King Iames His Soule was vexed with them that many times they have made Him fall out in teares A Noble man a most wise man then Chancellor seeing the King extreamly troubled at the miscarriage of the Ministerie said to Him Sir no man is to be blamed that you are so much troubled with the Ministers as yourselfe for when they doe any thing amisse you never cease till by Your Royall prudence and authority you set it aright againe but would you leave them to themselves the very body of the People would rise up against them and stone them out of the Kingdome His Majesty returned a most pious answer worthie to be written in letters of Gold in Marble that all Kings may learne it My Lord saith He your advice is shrewd Policie but your Counsell is not good piety If I had no more to doe but to serve my selfe of them for a Politick end your advice is good and I know it would prove so But God hath appoynted me a Nurse or Father of his Church it is my charge from my Lord and Master to preserve his Church and not to ruinate it Which if I doe God will ruinate me and my posterity King Iames in the Conference at Hampton Court hath well observed that this Ecclesiasticall Government prepareth way and ushereth in a Democraticall government And he telleth also that in His Mother Queen Maries absence and in his own Minority and non-age it was much thought upon and intended Their Maxims of Divinity lead to it for they say Respublica est in Ecclesiâ The Church and her Policy are the House the Civill government is but the Hangings which necessarily for decency and good order must be made conformable to the House Monarchy is enmity against the Church Catherwood in his book entitled Altare Damascenum gives you it in down right termes Naturâ insitum est omnibus Regibus in Christum odium and in his Preface or Epistle I have not the book by me he calls K. Iames Infens●ssimum infestissimum purioris Religionis hostem And that they may now exercise all their power and bring the Kingdom to a Popular State which was not so feisable before it is more then probable and much to be feared and with great prudence to be prevented because the Generall Assembly hath in it now the prime Noble men of the Kingdom Dukes Marquesses Earles Lords the most active and knowing Knights of Counties and Esquires the wisest Citizens and Corporations and this in the Capacity of Ruling-Elders who discontented are able here to make a Faction call King Session Councell or whom they please before them because of their supreame universall and independent jurisdiction And this Iudicatorie cannot erre in its determinations for it is undoubtedly secured from error and assisted with infallibility This divine policy hath another sacred trick to preserve its Soveraignty and to continue it which is this The Generall Assembly ordinarily meets but once a year yet at the end and close of every Generall Assembly there is a choice made of some Commissioners a Committee who are to reside or at least upon any necessary occasion to be at Edenburgh These are the virtuall Assembly and their power continueth till the next Generall Assembly They are in

the first place to intimate to the King the desire and demands of the Assembly and to see all due civill Sanction and confirmation given to it the King His Councell His Parliament can change nothing of their sacred decrees without their consent What ever new occurrence is in Church or State pro re natâ these Commissioners are to give order and to see ne quid detrimenti Ecolesia capiat It is true their orders bind only in the interim betwixt the two Assemblies and the next plenarie Generall Assembly may derogare abrogare obrogare c yet give me leave to tell you truth these great Delegates with their power have so much influence upon the next Generall Assembly that their {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} precognitions and predeterminations are formally and Legally enacted Nor is this to be wondred at for the Achitophels and Ioabs of Church and Kingdom the best head peeces of greatest depth Preaching and Ruling Elders are in this Iunto Heere are all disturbing Seditions and treasonable courses hatched and conceived whether it be Treason against the King Sedition in State or Kingdom the change of Court the removing of Courtiers from the King the surrounding of him with others c. The next Assemblie ownes all their courses decrees them under pretence of Piety Reformation of abuses removing of Malignants from the King and from His Counsell from being Iudges in the supreamest Iudicatories of the Kingdom c. By this means at pleasure when and where they will they procure Parliaments to work for their own private ends To facilitate the work order is given to all Presbyteries to command all the Ministers to Preach to their flocks to make and keep Fasts for the danger the Church is in that the King is inclinable nay inclining to Popery that there are none in trust or power by Him in Court Councell Exchequer or Session but such as are Popish or Popishly affected and such they must be if they once determine it And woefull experience hath confirmed it that worthie Innocent and deserving men have suffered and the King hath been forced to abandon His best servants This close Committee hath all these prerogatives 1. During the interim betwixt two Assemblies they had trust to see that all the Orders and Decrees of the grand Consistory should be put in execution 2. Next upon any exigent intervening they have the power by their influence upon all the Presbyteriesin the Kingdom to make them goe which way they thought fit for their own ends both to make the Ministers Preach their sense and to work with all the people to believe the posture of affaires in Church and State were as they informed and represented them 3. Thirdly here were all things prepared for the next great meeting of the Generall Assembly By these means things projected were effected This way the Queen Regent was put from Her Regencie This way Queen Mary was expulsed Scotland This way King Iames His captivity at Ruthen was found to be good service This way that Noble Duke of Lennox Esme was made a Papist and the King forced to abandon him and he to depart the Kingdom in Winter being sick and shortly after dyed in France By this means if I be not deceived was that infamous day the 17. of December anno 1596. atro signanda lapillo renowned for a most horrid insurrection in Edenburgh against King Iames and His prime Counsellors I begge leave to give you a short account of it King Iames whilest He was King of Scotland by all forraigne Kings Princes and States was admired for His extraordinary Royall endowments Ambassadors from many beyond Seas at the same time and almost constantly were with Him The smallnesse of the Patrimony of that Crowne was not able to maintain that Royall deportment He kept Besides being too too Royally liberall and magnificent His coffers were empty and at this time scarce was His Majesty able to maintain the necessary charge of His house in that measure which was suitable to so Royall a King To rectify this the King with the advice of his Counsell entrusted with all his Rents Revenues and casualties Eight prime men of good worth and integritie Officers of State Counsellors and Iudges This was done that all might be rightly regulated and before all things His Tables at Court kept like a Kings that forraign Ambassadors might not espy any want which might derogate from the Honour of King and Kingdome The ordinary Tables of the Court were regulated the Courtiers daily allowance was retrenched which they could not away with They and other discontented persons did reproachfully call these men The Octavians They who grumbled at this and would right themselves to gain their intendment hit upon the ordinary and safest way that was to beginne with the Church They informe the forraign Ambassadors did work upon the King to turn Papist it was like they would prevaile for these Octavians were all such in their hearts and dissembled only in professing to keep a communion with the Protestant Church if those were not removed from the King and good men put about him Religion Kingdom and all were undone When this had been often informed and suggested early in the morning on the 17th day of December three of the Kings Domestick Servants came to M. Walter Balcanqual's house The Ministery of Edenburgh and others Commissioners of the generall Assembly with some of the best Christians of Edenburgh are sent for they meet there The Kings Servants informe that all was undone if they did not in time and speedily prevent for the Marquesse of Huntlie this was the late Marquesse who came occasionally the night before to Court and it is true he was Popish but God knowes he was free of what he was charged with say they was with the King till twelve a clock at night in his Bed-chamber yester-night it is resolved upon to re-erect Popery and so many of your best Citizens and Christians are to be seized upon some to be sent to Blacknes some to Innernes some to Dunbritton c. The case was apprehended in that zeale which became the cause The resolution taken was that M. Walter Baelcanquall being to Preach that very day in the Chancell of Saint Giles Church which they call the little Church after Sermon and Prayer done he should desire all good Brethren and Christians to meet immediatly forthwith there for the good of Church and Religion Noblemen Gentlemen Preachers Burgesses all who affected the good cause did meet M. Robert Bruce was appointed by common consent Moderator It is laid open in what case Church and Religion State and Kingdome are the urgent instant necessity is made to appeare The result of the determination was that presently they goe to Armes and by holy force to pull from the King's side those Popish Octavians That a Letter be written to Iohn L●●d Marquesse of Hamilton to come to Edenburgh to be Captaine of the Congregation and in

appointed to try what they know against the next Court day when no proofe can be had and all the presumptions doe not fasten guiltinesse upon the accused and the Imprisonment and other hard usages cannot extort a confession they are dismissed But an act is enacted that if those two persons suspected of fornication or adultery shall be seen to meet or be in company together except they meet in Church or Market it shall be holden pro confesso as confessed that they are guilty of what they are charged with Nay sometimes the parties although innocent and no reall evidence being produced against them are brought on the Lord's day publiquely to the midle of the Church before the Pulpit to declare sometimes to confirme their Declaration by an Oath that they are innocent and free of that crime wherewith they are charged And sometimes they are forced to make their publique Repentance in the Church upon a Pillarie for their unchristian behaviour because that although the parties charged be free yet their conversation hath been suspitious and scandalous A whole Volume might be written of young women by these courses disgraced and defamed of many Families divided and scattered whereas before there was no jealousie betwixt the man and the wife This Iudicatorie of the Presbytery is so high and of so vast a latitude that as the Pope bringeth in all civill causes to himselfe as a competent Iudge sub formalitate peccati so this Papall Conclave bringeth any thing howsoever meerly and purely civill under it's lash sub formalitate scandali as scandalous to a Christian profession It is not forgotten by many yet living how the Presbytery of Edenburgh attempted to censure Ecclesiastically the Merchants there for carrying Wheat to Spaine in time of a Famine or dearth there for this was to feed and maintaine God's enemies But above all that was a piaculum an almost inexpiable sinne to transport waxe to Spaine for this was to be accessory to Idolatry in respect the greatest part of this waxe was employed in making Tapers and Candles to the Virgin Mary and other Saints In S. Andrewes I. T. was endebted to P. T. a considerable summe of money the greatest part of his stock I. T. delaying or shuffling or not able to pay P. T. at the day of payment designed in the Bond P. T. obtained before the Lords of Session a Iudgement against I. T. with power to demand payment in the King's Name and upon disobedience to be out lawed and fall into a Praemunire or escheating of his moveable goods and Chattells I. T. bemoanes himselfe to the Presbyterie The Presbyterie convents P. T. before them threatens him with Excommunication if he did persist to put in Execution the Iudgement of the highest Iudicatorie in the Kingdom and for feare of this dreadfull Court and horrid sentence he passes from his pursuit continueth the demanding of repaying of his money You see here what power this Presbytery hath over all and the highest of civill Iudicatories Infinite instances of this kind may be produced give me leave to adde one of a higher straine The City of Edenburgh by the Kings of Scotland amongst other favours and priviledges hath a Royall grant of a weekly Market day on Monday This Grant is confirmed by Letters Patents under the great Seale and by the standing Lawes of the Kingdome The Presbyterie here by their transcendent sole authority discharged any Market to be kept on Monday the reason was because it occasioned the travelling of men and horse the Lord's day before which profaned the Sabboth If the Tradesmen who found at home what losse they had by wanting their Market had not with force and violence opposed their Soveraignty and made them forsake it it was like enough to have passed and obtained longer The most active in this case were the Shooe-makers who were most prejudiced by the discharge of the Monday market They threatned the Ministerie Right down that if they persisted in that course they would thrust them out of the gates of the City which threats restored the Monday's market When King Iames that miracle of piety learning and Royall prudence heard of this he with uncovered head and lifted up hands said to this or much about this sense I thank God the Shooe-makers have more power to represse the insolency and violence of the Presbyterie than I and my councell both It is knowne to many yet living that they have cited before them Noble men and Gentlemen of good qualitie who had intended civill actions against their owne Tenants before the ordinary Iudge and discharged them to prosecute them any further under the paine of Ecclesiasticall censures This was in re civili in a civill businesse but modus considerandi as they took notice of it it was spirituall And why because the holy Brethren pretended this did withdraw People from their lawfull vocations bred strifes and contention amongst Brethren and did hinder the progresse of the Gospell As the particular Ministers of individuall Parishes are under them so they find the tyranny of their Archisynagog● their prime leading Ministers in that measure that their little finger is heavier then a Bishop's whole hand and loynes Bishops are like to a paternall Government chastising with Roddes but the Presbyterians scourge them with Scorpions any Lord Knight or Esquire who is cunning and can by faire carriage or otherwise gaine favour or credit with some few Patriarchall Presbyters he is able at pleasure to turne out an honest man who perhaps is too free in rebuking the Gentleman for his sinnes or cannot or will not condescend to grant his unlawfull and unjust demands and to bring in one to his owne fansie and humor with whom and by whom he is able to worke and effectuate his owne bad intendments This holy Sanhedrim although the Parochiall Minister for Intellectuall abilities be sufficiently enabled and for morall Integrity be blamelesse yet they will find it fit he be transplanted from that Church because the Congregation is not edified by him at a visitation the Landlord is able to make all say and witnes they are not edified by him or if a Presbyter who hath more power with the dominus Moderator and his assistants being in a Parish of a small stipend and espying somewhere a better Parish and an honest man in it but not so much respected by the high Priests of the Sanhedrim he will turne him out by the Presbytery enter the charge and reape the benefit of a better Parish and place the other it may be and often proves so the better and worthier man in another Parish of lesse worth and deterior his condition There needs no other reason for this but that this sacred Consistorie directed and assisted with infallibility doe find it e Re Ecclesiae that it is for God's glory and the good of the Church I might instance a world of these Examples onely let me tell you one of the Presbytery

and repeated his reasons before mentioned and added some more He obstinately opposed and contradicted it All doe know who knew any thing of these times that Angus and Arroll were as bigot Papists if not more then Huntlie there was no difference in Religion the truth is Master Bruce was a Lover of the Earle of Argyle who loved not much the Earle of Huntlie This was the Spirit inspired him as it seemeth King Iames desired his reasons he gave none but spoke Majestically Then the King told him downeright M. Robert I have told you my purpose you see how nearely and highly it concerneth me I have given you my reasons for my resolution you give me your opinion but you strengthen it not with reason wherefore I will hold my own resolution and doe as I first spoke to you To the which with Christian and Subject-like reverence he returned this reply well Sir you may doe as you list but chuse you yee shall not have me and the Earle of Huntlie both for you Sir Iudge by this in what case Monarchie is in such a government for that this is truth I am as much assured of as morall certainty can assure any man of morall truth which with his own eares he hath not heard And yet this man was but Minister of Edenburgh To returne thither from whence we digressed that you may know that this great Honour which is done to those great ones the Cabinet Councell of all Provinciall and Generall Assemblies by these cunning and subtile Nobles and others is not done in the name of a Disciple in the name of a Prophet reflect a little with your eyes and consider how the same men respect and entertain their own Parish Minister when the Gamaliels sits by my Lady the Parish Priest will be below the Candlestick and will be forced to come to his Lord or Laird and Crouch down for a morsell of Bread and small peece of Money Nay before the Gamaliel be gone he must prompt and Catechise the poor stipendiarie how to carry himselfe with the Lord and Laird not to exact too rigorously what is due in his competent Stipend nor in Preaching doctrine or discipline to offend the Lord or Laird such good Christians such Iehoshua's Nehemia's and Esdras's are to be much made of for the cause of God I dare to say never Bishop or Archbishop in England or Scotland hath used more authority nor did ever carry themselves so arrogantly towards the meanest of their Clergy as these men doe over their simpler brethren I come now at last to The Generall Assembly THis is the Great and High Sanhedrim the last resolution of faith is almost in this associate body Here Christ sits in the Highest glory and Dignity he can upon earth Here is the ultimate decision of all controversies Here you may find really that fancied infallibility of the Pope The Iurisdiction in this is universall in all concerneth Ecclesiastica Ecclesiasticos and what concerneth all Temporalia in ordine ad Spiritualia The authority of it is soveraigne independent from any derived to them by trust immediatly from Christ to him alone they are accountable Whosoever obeyeth not this Soveraignty is to be Excommunicate the Magistrate is at their Command and as they prescribe to punish in Estate in Body in Life and Death If the King obey not He is to be Excommunicated and to strengthen this the Nobility Gentry Collective body nay euery individuall person is to concurre to compell and censure him to the utmost of his power to punish to dethrone to un-King to kill c. Let us come and see how this goodly Iudicatorie is made up It is composed 1. First of the Commissioners sent from all the Presbyteries of the Kingdom Which as I heare and am informed is thus ordered Every Presbytery sendeth out two Preaching Elders and a Lay-Elder By this it seemeth that the Clergy hath the advantage 2. Secondly therefore consider that besides the Commissioners from Presbyteries there cometh from every Borrow and Corporation one Commissioner and Edenburgh for some spirituall prerogative no doubt is honoured and priviledged to send two 3. Thirdly the Vniversities and Colledges send their Commissioners which for the most part are not Doctors nor Ministers but Lay-Men and Graduates in Liberall Arts and Sciences This will goe neare to equall the number of Lay-Commissioners to that of Preaching Ministers 4 The King is a member constituent to and should be there either personally by himselfe or virtually and representatively in or by his Commissioner He hath one voyce too and that affirmative only In what Capacity they admit the King to be a member constituent of this Spirituall Court I know not well if they be agreed upon it Some hold that he is there as Princeps membrum By this I see he is the first gentleman there and it may be hath the right hand too Some say as a Representative of the Civill body of the Kingdome sits there in that capacity All of them agree in this that he is bound by his own presence or Commissioners to see and provide that no disturbance or violence be offered The King if present and His Commissioner if absent have so much honour indulged to him that He or His Commissioner may have foure five or six assistants for advice but these Synodicall Fathers give their indulgences with such circumspect prudence that to preserve Christ's honour and their owne entire the King or His Commissioner may debate and advise with His Councell or Assistants or desire any of them to speak while matters are in debating But when it commeth to the decision and determination by voyces and plurality of voyces maketh the decree the King has onely one voyce and that affirmative onely not Negative By this it is certaine that if the greater part of voyces determine contrary to the King's voyce nay to His mind and Conscience He is bound to put it in Execution for Potestas Iuris is radically in the whole Assembly the King hath no more but Potestatem Facti to be an Executioner Rei Iudicata of the decrees otherwise He is censurable and if He be obstinately refractory He is not worthy to hold His Crowne The King presides too as they confesse but so that it is onely civilly and in His civill capacity If I be not mistaken yet I dare not avouch this confidently the King hath not Power to propose any thing spirituall or that concerneth the Church but if He doe it it must be done by the Right Father of the Assembly the Moderator This I dare to say that neither the King nor His Commissioner can hinder or oppose the proposing of any thing they think concerneth the Kingdome of Iesus Christ For this were no free generall Assembly and to limit the holy one of Israell Nay if the thing proposed conceived by them to be Spirituall be so twisted with the things civill that the ordering or

authority of Soveraignty nay without the knowledge of it these confederates at the direction of their Ministery prescribe orders for Reformation of Religion to be observed and practised throughout the whole Kingdom See Knox storie pag. 217. 2●8 They goe farther they writ an Imperious Letter to the Religious houses in the name of the Congregation commanding all of them ●● remove from thence against such a day or then they would eject them by force Knox ib. Within very short time after a Parliament being holden by the Queen Regent Queen Maries mother and great Grandmother to our gratious Soveraign they make a Protestation that except they had their desires they would goe on in their intended course of Reformation that neither they nor any that joyned with them should incurre therefore any danger in life or lands or other Civill Penalties and that if any violence hapned in pursuit of those matters they should thank themselves It is very observable they were all bound in that confederacie to assist and strengthen each other in that course See Knox Hist. pag. 256. First here you have the direction of the Ministery Next you have a confederacy and bond of mutuall defence Thirdly you have Orders and Decrees agreed upon in common Fourthly you have warrants issued out to make or force all to be put in execution Fiftly you have a Protestation and that a threatning one too against the Queen Regent and whole Parliament Sir are those things consistent with Monarchie what Scripture what Father what practice of the Church doth warrant such a reformation Come on and you shall have them anon in open contemning Soveraign Authority The Queen Regent to suppresse these beginnings and to nip them in the bud cites them to appeare at Stirling They appeare not They are outlawed all men under pain of Treason are inhibited to assist them There is no obedience but all in the confederacie adhere to them I cannot for my part justify this divinity From disobedience and contempt they are guilty of usurping the Royall power for v●ry shortly after anno 1559. Immediatly after a Sermon Preached by Knox in Saint-Iohnstowne at his exhortation and direction they fall to the pulling downe of the Religious Houses and within two or three daies equall three of them to the ground Sir can it appeare that by Holy Writ or Reason such Popular tumultuary reformations are warrantable Is it not intrinsecally inherent in the Crown or wheresoever soveraignty is fixed And so they proceeded in Fife Angus Mornis Stirling Lowthian c. and through the whole Kingdom See Knox Hist. p. 263. Here were many goodly and Rich Churches Spoyled Robbed and cast downe After this they disclaim Soveraign authority except it be as they please and have their desires The Queen Regent threatned S. Iohnstowne where this disorder first was acted They of the confederacy writ to her in plain termes that except She stayed from that cruelty they should be compelled to take the Sword of Iust defence and protested that without the reformation which they desired they would never be Subject to any mortall man See Knox pag. 265. More followed By a Letter they cite all their Brethren to repaire unto them and that you may know that their Letters were authoritative commands and that all the authority is from the independent Soveraignty of the Church consider how they write to the Nobility upon paine of Excommunication to joyne with them Knox ibid. pag. 268 269 272. How much this Ecclesiasticall Soveraignty did exalt it selfe above the civill is more then apparent in this that when an Herald in his coat of armes commanded all men under pain of Treason to returne to their houses by publique sound of Trumpet in Glasgow no man obeyed that charge but went forward to their associates Habes confitentem reum Knox pag. 274. They denounce Warre too which was ever judged to be the peculiar specifick prerogative of Soveraignty for they writ to the Bishops and Clergy that except they desisted from dealing against them They would with all force and power execute just vengeance and punishment upon them and that they would begin the same warre which God commanded Israell to execute against the Cananites Which manner of proceeding they termed a resisting of the Enemy Knox Hist. 275 276. The poor Queen Regent was brought to an Accommodation and the Assembly at St-Iohnstowne was dismissed But there parting they entered into a League by Oath that if any one Member of their Congregation this in the Scottish is Equivalent to Ecclesia should be troubled they should all concurre assist and convene againe together for the defence of the same Knox pag. 283. The Queen Regent finding this Soveraignty overbeare Her 's and the Peace of the Kingdom shaken by a Declaration published and proclaimed testified her desire of Peace and descended so much that really it was onely a request They scorned it would none of it confuted it by another did exhort those of their Faction to encourage themselves in the Lord to stand upon their guard like to the re-builders of Hierusalem and the Temple with the Sword in one hand and the Bible in another wherein they gave the Queen many times the Lye and abused her with reproachfull and contumelious speeches The Subjects that continue their obedience are honoured with no better tearme then to be called the Queenes Faction You may read this at leisure and pleasure in Knox History pag. 330 333 362 364. Nay they renounce their obedience unto Her protested that whosoever should take Her part should be punished as Traitors whensoever God should put the Sword of Iustice into their hands Knox Hist. p. 364. At last they rise to the highest pitch of Rebellion and Anno. 1560. they depose the Queen Regent the predetermination being given that it was lawfull for them to do so by Mr Knox and Mr Wilcockes This is upon record yet in that Kingdome and is set downe by M. Knox himselfe Hist. pag. 372. 378. and it is observable that the Queen if I remember right lived but a month or little more after this pious act Sir you will now say that I speak too hardly of our first Reformers and Reformation and would know what is my opinion of them and it To deale clearly God is my witnesse I am no Papist but doe abhorre Popery as much as any and that I am no Puritane the other party wil witnesse for me I am bound to speak the truth in my heart and to give some satisfaction I say 1. First as I am able I blesse and praise God most heartily that we were delivered from the Popes Tyranny and that grosse Aegyptian darknesse we were under which I ascribe to the admirable wisedome and infinitely transcendent goodnesse of God 2. Next I leave the men to God's mercy but for the manner of proceeding the way they took I dare not I will not approve it

order to Prorogate it to another and longer day which was accordingly done by publike Proclamation authorized by His Honourable Privy Councell of that Kingdom Notwithstanding all which some Thirteen or Fourteen Godly zealous brethren must needs meet at Aberdine at the day appoynted for the Assembly They established and formalized the Iudicatorie by constituting a Moderator a Clerk and other essentiall Members of the Court The Lords of Councell understanding this contempt sent a Gentleman of good qualitie and place with an Herault at Armes to discharge and dissolve the Holy meeting The Commissioner and Herault were entertained with as much respect as before they had given reverence to the Proclamation issued out by the Soveraigne authoritie of the King with the advice of His Honourable Privy-Councell The Holy Fathers in the great Sanhedrim protested and professed that in Conscience and Duty to Almighty God they were bound to preserve the Churches right and could not would not give way to that power the King Sacrilegiously usurped which properly and natively belonged to the Church virtuall the Assembly They kept and continued the Assembly some dayes and finding that no more of the holy Brotherhood came to joyne with them they dissolved and to preserve the holy right of the Church appoynted the time and place of meeting for the next Assembly The King hearing this gave order to His Privy-Councell to cite convent them before them and to punish this High contempt The more zealous Champions of the Lord of Hostes appeared and with an undaunted courage gave in to the Lords of Councell a Protestation a Declinator from the Kings Councell and appealed to the next Generall Assembly as the sole and competent judge in this case and cause The Kings Atturney or Advocate by order from the Councell-Table was ordained to pursue them criminally before the Lord Iustice Generall and that upon the Act of Parliament mentioned before Anno 1584. upon which Order the one halfe confessed their fault and easily made their Peace and obtained pardon The zelots were convicted of Treason ad Terrorem exemplum more then for any other end or respect and only banished the Kingdom Of whom the most part thereafter upon their confession and submission were pardoned came home lived and enjoyed their own or at least as good if not better Benefices Sir are these things consistent with Monarchie or the obedience is due to Soveraignty and its Highest Courts So absolute and uncontroleable is this High Celestiall Court that it commandeth Conscience and Soule disposeth of body and estate in the poynt of Religion that if you conforme not in all neither Soule nor Body nor Estate can be in Peace nay no toleration can be allowed where this soveraignty domineereth And to make this power of the larger extent it is certain their faith and things necessary to Salvation are of greater latitude then that of the Councell of Trent If any doth not after a little time granted for information conforme and subscribe to their confession of Faith which is more in negatives and destructives then affirmatives and positives their rule of government their manner of Worship and what else in their opinion is necessary to Salvation and in this I am sure they are more rigorous then ever God or Catholike Church was for if you dissent but from them in a Theologicall tenet it is Heresie you are forthwith excommunicated and given over to the Divell after which upon the remonstrance of a Commissioner from the Presbyterie to the Civill Iudge there is a warrant from Supream authority given out to command you to conforme this is different from the Writ De excommunicato capiendo or then within few dayes to be put to the horne that is outlawed Vpon disobedience the tender conscience not conforming the outlawed's estate moveable Chattells we call it become proper to the King God knoweth little of this benefit commeth to the King's Thesaurer but a Donater to the escheit which ordinarily is the Convicted's mortall Enemy for a little composition hath the right made over and hath the benefit of the escheit If within yeare and day he give not obedience and conformity His whole Revenues and Rents of immoveable goods forfeit to the King during his life time Some Enemy of His or Favourite of the Thesaurer's obtaineth the King's Right and the King hath little or nothing of it Here you have him stript of all his Estate moveable immoveable Yet here is not an end but still upon Remonstrance of the Presbyteries or Church's Commissioner another writ goeth out which they call Letters of Caption that is if I mistake not the tant'amount of the writ de Excommunicato capiendo which is directed to all Sheriffes Stuards Provosts Bailies c. to seize secure his Person wheresoever it may be apprehended and to commit him to close Prison as a Rebell If he skulk and hide himselfe then upon the same Remonstrance goeth out a writ which there they call Letters of Intercommuning I know no thing in the Law like this the intent is that none of the Kings Subjects commune or conferre with him coram or personally or by Letter or interposed Person keep intelligence or correspondence with him otherwise the intercommuner is to be judged and reputed to be a Rebell of the same guiltinesse You will be pleased to remember this when the Church requireth all these of the civill Magistrate so they are pleased to terme Soveraignty he is bound to grant them Now Sir I pray you consider if this is not in many respects worse then the Inquisition when an opinion in a Theologicall tenet different from the assured faith of those Gamaliels may bring a man unto all those troubles Onely to make amendes for this remember this authoritative way preserveth a Church from Haeresie Error Superstition and Schisme There is another practice of the power of this Court that for the glory of God the honour of the King the good and preservation of Church and Religion it may assume to it selfe to be Iudge of what is Treason what is not who are fit Councellors for a King who not Practice is the most sure infallible and clear proofe and demonstration of power I will give you one in the case of Treason that none dare to say it is a Lye and which can be made good by the authentick and publique Records of Parliament and Councell of Scotland and their owne Noble acts of generall Assembly When King Iames about the age of Iosias when in holy writ it is recorded of him that he began to seeke the Lord with all his heart had taken the Government of the Kingdome in his owne hand and did Reigne and Rule with such prudence incomparable admirable that none could justly except against Him or His Government yet such was the restlesse ambition of some who could not with patience endure the trust of others especially of that Noble worthy Esme Duke of Lennox His Majesties nearest Kinsman