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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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and highest Favourite and that justly for His most eminent Noble endowments These discontented Gentlemen layed downe a resolution to get the King into their hands and power and to thrust out that Noble Prince They watched an opportunity when the King came to His sport of hunting neare to Saint-Iohnstowne with an ordinary attendance the Noble Peere staying with others at Edenburgh for the King and Kingdomes better service surprised him fearing no ill seized his Person carried him along to the Castle of Ruthen kept him so that none could have accesse to him till he was forced to command the Duke of Lennox to depart the Kingdome which out of zeale and love to the King he did in Winter embarking at Dunbrittane came to France and dyed shortly after and to change all his servants they disliked and to surround him with themselves and their owne They kept their King in captivitie the space of nine monthes suffering none to come at him but such as they pleased The wise King put a good face upon a foule businesse seemed to like well of them and their courses Neverthelesse the best and most knowing of Subjects grumbled exceedingly to see their Prince so abused The Conspirators understanding it did advise upon the best course to satisfie the people and to bring them to approve their way They wrought with the chiefe Rulers of the Synagogue and prevailed At the next generall Assembly they give in a Remonstrance to them then sitting in Edenburgh declaring the Extraordinary reasons that moved them to secure His Majesties Person in the Castle of Ruthen their zeale to the Reformed Religion which was in imminent and apparent danger by the practices of the Duke who was sent from France to Scotland of purpose to corrupt the young King their care to secure the King's Royall Person whom the Duke intended to conveigh privately to France their desire to free the Subjects from the bloody tyranny and oppression both of their lives and goods by the malitious disposition and insatiable avarice of those who were about him and overruled him and a great many more specious pretences which are not much different from these of this time upon this Narrative the humble Petition to this Superlative Soveraignty was that the holy Brother-hood would be pleased to give an approbation to this their Heroick and Christian fact and whatsoever was their judgement they would obey it with this proviso that it should be made knowne to all good Christians within the Realme The demand was pious and just the holy Assembly secured from erring and error and not encroaching upon any thing meerly civill but in a case of so high concernment in ordine ad spiritualia as competent Iudges doe take the case into their consideration and after mature deliberation being assisted with a fansied infallible direction give out their verdict authorize and approve all in substance or circumstance to be holily and justly with much zeale and discretion done In all this they exceeded not their power and that because what was done was for the advancement of God's glory the honour and personall safety of the King and publique good of the Kingdome That all good People may rest content and be fully satisfied it was further ordained that all Ministers shall upon their returne to their Parishes intimate so much to all their flockes and withall exhort all People to esteem the actors as good Christians and Patriots that for the causes above mentioned were necessitated to take this course to preserve Religion to rectifie the errors of Court which were brought and wrought to that height that both Religion and Policie were in the greatest imaginable danger The Ordinance was accordingly performed to no small griefe of honest Subjects and Christians Sir if there were no more instances what doe you thinke of this It is worth your notice taking that this Noble Duke dying in France who before His comming to Scotland had been bred in Popery became a Protestant when He came thither and was King Iames his Convert While he was a dying Romish Priests were most earnest for accesse to reconcile him to that Church but he adhering to truth and protesting withall his Promise to his Cousine King Iames would admit none and dyed in the Communion of the Protestant reformed Church This high Court the generall Assembly in ordine ad spiritualia challengeth and practiseth a Soveraigne power above all civill Lawes and Statutes and Acts of Parliament And that with that power that of it selfe it may repeale and condemne standing Lawes and Acts of Parliament which are in practice and observed within the Kingdome To give you a recent example and instance of this Since this Assembly of late in this distemper hath recovered it's place and power the generall Assemblies of Glasgow and Edenburgh have damned Bishops as Anti-christian and against their Reformation I wave this More they have secluded Bishops or any Church-man from having any voyce in Parliament Conventions or Councell Thus by their owne most proper Ecclesiasticall authority they have made voyd many Acts of Parliament there which before were in force and practice As that in anno 1584. declaring it Treason to call in question the power and authority of any of the three Estates that is Bishops Lords and Commons or any one of them This act was made onely to preserve the priviledges of the Ecclesiasticall estate inviolable This is evident by the King's Declaration put forth the yeare following 1585. Again they have made voyd another Act of Parliament in anno 1597. Ordaining Ministers that should be provided by His Majesty to Prelacies to have Vote in Parliament as being the third Estate Another in anno 1606. The same Assemblies did declare the Acts of the Assemblies of Glasgow Perth c. null voyd and unlawfull which notwithstanding were enacted as Municipall Laws obedience commanded and practised in the greatest part of the Kingdome How much King Iames his happy memory is blasted by these supercilious new Orders of those Assemblies my Pen blusheth to expresse The same Assemblies have condemned the high Commission Court declared by Act of Parliament And this is done upon this ground which proveth their Soveraignty in spiritualibus because it was not consented to by the Church That is the vertuall Church the generall Assembly When I consider these things I cannot sufficiently wonder how the high Court of Parliament of England hath swallowed and sworne their Covenant which in it's right sense doth establish a Court above King and Parliament Iudge you Sir if this Oath be in Iudicio veritate justitiâ If King and Parliament be subordinate to this Court in spiritualibus or in temporalibus in ordine ad Ecclesiastica all the reason in the World will plead that it is most just that all Iudicatories whatsoever even the Supreamest from whom lyeth no appeale submit and subject themselves to it The holy Fathers of this Court have showen their Right in this point
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
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
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