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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

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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
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
is their constant Catholicke tenet that if the King Queene Regent or Protector or whosoever he or she is in whose Person Soveraignty is fixed or in whose Person it is representatively fixed onely by a fiduciary trust during the non-age of the Prince or Princesse will not submit himselfe to this holy Scepter will not according to it's prescript reforme Religion preserve it in it's integrity any man or men are bound to doe it at their direction I spare Martin Junior's faith in this that there is no authority above the Brotherhood No Magistrate saith he Thes 17. 18. 22. may lawfully may me or deforme the body of Christ which is the Church no lawfull Church Government is changeable at the pleasure of the Magistrate of necessity all Christian Magistrates are bound to receive this government Nor will I insist upon Vigginton's assertion That what the Holy Brotherhood cannot obtaine by suite and dispute the People must bring it to passe You desire the tenets and practices of the Church of Scotland onely The Scot's maintaine that if the King or Queene will not reforme Religion they may take upon them by violence and power to reforme it This they have learned of their grand-father Knox as you may read in an Epistle of his written from Deepe Anno. 1557. and in Knox Histor. pag. 213. what is lawfull for Reformation is lawfull for preservation of Religion 1. And here they begin with the Nobles and determine right downe Noble men ought to Reforme Religion if the King will not Knox app. 25. againe that God hath appointed the Nobility to bridle the inordinate appetites of Princes and in so doing they cannot be accused as resisters of authority Knox Hist. 343. and that it is their duty to represse the rage and insolency of Princes Knox app. 33. 2. In the second place if the Nobles will not doe the People and Commonaltie may reforme Religion at the order and direction of the Brotherhood Knox to the Commonalty fol. 49. 50. The Commonaltie by their power may bridle the cruell beasts They meane Priests and Prelates Knox to the Commonalty fol. 55. The Commonalty may lawfully require of their Soveraigne to have true Preachers and if he be negligent they may themselves provide them maintaine them defend them against all that doe persecute them and may detaine the profits of the Church livings from the other sort That is to say Priests Papists Prelates and Malignants Knox to the Commonalty fol. 55. 3. In the third place if they come to the happinesse to have Nobles and Commons obedient to their commandements for reformation or preservation of true Religion which must be so as they fansie I am deceived if they allow not more violence and esteeme it more piety zeale and justice Their tenets are The Commonalty concurring with the Nobles may compell the Bishops to cease from their tyranny Knox to the Commonalty fol. 47. againe The Nobility and Comminalty ought to reforme Religion and in that case may remove from honours and may punish such as God hath condemned Deut. 13. Of what estate condition or honour soever Knox app. fol. 28. 30. 4. In the fourth place if the Nobles will not joyne with the People or Commonalty in the reformation or preservation of true Religion at the direction of the Ministery the inferior Magistrates may and should doe it Knox Hist. p. 217. 5. In the fifth place before so good a worke be not done if Nobles or the whole or greatest part of the Commonalty will not be obedient assisting and ayding to so good a work Every individuall man and person is bound to advance this good work to kill Papist Priest Prelate Malignant nay a King if He stand out an Enemy to God and Christ and cannot otherwise be reclaimed or removed nor by suite or dispute gained to the right way I dare say their doctrine leads to this see Knox app. fol. 30. where roundly he saith The punishment of s●ch crimes as touch the Majesty of God doth not appertaine to Kings and chiefe Rulers onely but also to the whole body of the People and to every member of the same to revenge the injury done against God Againe see him fol. 35. The People are bound by oath to God to revenge to the utmost of their power the injury done against God's Majestie To this purpose they alleadge the examples of Phineas who in his zeale killed the adulterers of Ehud who in the same zeale killed Eglon in his private Chamber remember he was a King Of Iael who killed Sisera of Matathias who in zeale killed a Iew for committing of Idolatry and who in the same zeale at the same time killed the King's Commissioner Sir put these things together and see where this Soveraigne supreame Ecclesiasticall Iudicatory hath such dominion and power over mens consciences that being directed by their Ministerie they are bound to doe to the utmost of their power for reformation and preservation of Religion what sacred Person of any King can be secured what man offending against the Majesty of God which is as they fansie many times may not be taken away by one like to a Ravilliack what Commissioner or Counsellor of the King but in doing his best service to his Maister he may be stoned like to Adoram and all this goe in popular esteeme currant for good service and extraordinary zeale to God and his cause 6. In the sixth place upon those grounds Covenants and Confederacies come in to strengthen all to joyne purses persons wit and strength contra omnes mortales Regiâ Majestate non exceptâ against King and Bishop Prince and Prelate to the defence of the good cause with a combination every one to be ayding assisting and maintaining one another in so good a cause 7. In the last place commeth their Orders for reformation or preservation and that by themselves and the collective body or any associates whatsoever without respect reverence or obedience to the Soveraign authority of the Prince The practice is cleerly seen in Mr Knox his proceedings for after that by his Letter which we mentioned before written to Scotland Anno 1557. from Deepe and otherwise he had infused the above named principles into many an oath of confederacy was taken amongst them and subscription under their hands to some agreement This gave life to that tumultuary reformation much strength being added to it by the concurrence of the Sacrilegious hoping thus to swallow up the Church revenews which is more then certain was against Knox his mind and the first reformers As we deplore great losses the Church had by this reformation and doe thank God heartily for his admirable bounty and mercy in the good of truth we got by it yet we will never wrong Reformed Religion so much as to account of that as an orderly reformation we deny not but it was attended with much Sedition Faction and Rebellion Anno 1558. without the