Lex Rex, Title page – Preface
LEX, REX: The Law and the Prince.
A Dispute for the just PREROGATIVE of KING and PEOPLE.
Containing the Reasons and Causes of the most necessary Defensive Wars of the Kingdom of SCOTLAND, and of their Expedition for the ayd and help of their dear Brethren of ENGLAND.
In which their Innocency is asserted, and a full ANSWER is given to a Seditious Pamphlet, Intituled, Sacro-sancta Regum Majestas, or The Sacred and Royall Prerogative of Christian Kings; Under the Name of J. A.
But penned by Jo: Maxwell the Excommunicate P. Prelat.
With a Scripturall Confutation of the ruinous Grounds of W. Barclay, H. Grotius, H. Arnisaeus, Ant. de Domi. P. Bishop of Spalato, and of other late Anti-Magistratical Royalists; as, The Author of Ossorianum, D. Fern, E. Symmons, the Doctors of Aberdeen, &c.
In XLIV. QUESTIONS.
Published by Authority.
1 SAM. 12.25.
But if you shall still do wickedly, ye shall be consumed, both ye and your King.
London: Printed for Iohn Field, and are to be sold at his house upon Addle-hill, neer Baynards-Castle. Octob. 7. 1644.
The PREFACE.
WHo doubteth (Christian Reader) but innocencie must be under the courtesie and mercy of malice, and that it is a reall martyrdome, to be brought under the lawlesse Inquisition of the bloody tongue? Christ, the Prophets and Apostles of our Lord, went to Heaven with the note of Traytors, Seditious men, and such as turned the world upside down: calumnies of treason to Caesar, were an ingredient in Christs cup, and therefore the author is the more willing to drink of that cup that touched his lip, who is our glorious forerunner: what if conscience toward God, and credit with men, cannot both go to heaven with the Saints, the author is satisfied with the former companion, and is willing to dismisse the other. Truth to Christ, cannot be treason to Caesar, and for his choise he judgeth truth to have a nearer relation to Christ Jesus, then the transcendent and boundlesse power of a mortall Prince.
He considered that Popery and defection had made a large step in Britain, and that Arbitrary Government had over-swelled all banks of Law, that it was now at the highest float, and that this sea approaching the farthest border of fancied absolutenes, was at the score of ebbing: and the naked truth is, Prelats, a wild and pushing cattle to the lambs and flock of Christ, had made a hideous noyse, the wheeles of their chariot did run an equall pace with the blood-thirsty mind of the Daughter of Babell. Prelacie, the daughter planted in her mothers blood, must verifie that word, As is the mother, so is the daughter: why, but do not the Prelates now suffer? True, but their suffrings are not of blood, or kindred, to the calamities of these of whom Lactantius saith, l. 5. c. 19. O quam honesta volunt ate miseri erant. The causes of their suffring are, 1. Hope of gain and glory, stirring their Helme to a shoare they much affect; even to a Church of Gold, of Purple, yet really of clay and earth. 2. The lye is more active upon the spirits of men, not because of its own weaknesse, but because men are more passive in receiving the impressions of error, then truth; and opinions lying in the worlds fat wombe, are of a conquering nature, what ever notions side with the world, to Prelates and men of their make are very efficacious.
There is another cause of the sicknesse of our time; God plagued Heresie, to beget Atheisme and security, as Atheisme and security had begotten Heresie, even as clouds through reciprocation of causes engender rain, rain begate vapours, vapours clouds, and clouds rain, so do sins overspread our sad times in a circular generation.
And now judgement presseth the kingdoms, and of all the heaviest judgements the sword, and of swords the civill sword, threatneth vastation, yet not, I hope, like the Roman civill sword, of which it was said, Bella geri placuit nullos habitura triumphos.
I hope this war shalbe Christs Triumph, Babylons ruine.
That which moved the author, was not as my excommunicate adversary,Sacr. san. Epist. dedi…. like a Thraso, saith, the escapes of some pens, which necessitated him to write, for many before me hath learnedly trodden in this path; but that I might adde a new testimony to the times.
I have not time to examine the P. Prelates Preface, only, I give a tast of his gall in this preface, and of a virulent peece, of his (agnosco stylum et genium Thrasonis) In which he laboureth to prove how inconsistent presbyteriall government is with Monarchy, or any other government.
1 He denyeth that the Crown and Scepter is under any coactive power of Pope, or Presbiterie, or censurable, or dethroneable: to which we say, Presbyteries professe that Kings are under the coactive power of Christs keyes of discipline, and that Prophets and Pastors, as Ambassadors of Christ, have the keyes of the kingdom of God, to open and let in beleeving Princes, and also to shut them out, if they rebel against Christ; the law of Christ excepteth none, Mat. 16.19. Mat. 18.15, 16. 2 Cor. 10.6. Jer. 1.9.18. if the Kings sins may be remitted in a ministeriall way, as Joh. 20.23, 24. as Prelates and their Priests absolve Kings; we think they may be bound by the hand that loosed, Presbyteries never dethroned Kings, never usurped that power; Your father P. Prelate, hath dethroned many Kings; I mean the Pope, whose power,Sacr. san. reg. maj. c. 5. by your own confession cap. 5. pag. 58. differeth from yours by divine right, only in extent.
2 When sacred Hierarchy, the order instituted by Christ, is overthrown, what is the condition of Soveraignty? Ans. Surer then before, when Prelates deposed Kings. 2. I fear Christ shall never own this order.
3 The Mitre cannot suffer, and the Diadem be secured. Ans. Have Kings no pillars to their thrones, but Antichristian Prelates. Prelates have trampled Diadem and Scepter under their feet, as histories teach us.
4 Doe they not (Puritans) magisterially determine, that Kings are not of Gods creation by Authoritative Commission; but only by permission, extorted by importunity, and way given, that they may be a scourge to a sinfull people? Ans. Any unclean spirit from Hell, could not speak a blacker lye, we hold that the King, by office, is the Churches nurse father, a sacred Ordinance, the deputed power of God; but by P. P. his way, all inferior Judges, and Gods Deputies on earth, who are also our fathers in the fifth Commandements stile, are to be obeyed by no Divine law; the King misled by P. Prelates, shall forbid to obey them, who is, in right-down truth, a mortall civill Pope, may loose and liberate subjects from the tye of a Divine law.
5 His inveying against ruling Elders, and the rooting out of Antichristian Prelacie, without any word of Scripture on the contrary, I passe as the extravagancy of a male-content, because he is deservedly excommunicated for Perjury, Popery, Socinianisme, Tyranny over mens conscience, and invading places of civill dignity, and deserting his calling, and the camp of Christ, &c.
6 None were of old anoynted, but Kings, Priests and Prophets, who then more obliged, to maintain the Lords Anoynted, then Priests and Prophets? The Church hath never more beauty and plenty under any government, then Monarchy, which is most countenanced by God, and magnified by Scripture. Ans. Pastors are to maintain the rights of people, and a true Church, no lesse then the right of Kings; but Prelates the Court Parasites, and creatures of the King, that are born for the Glory of their King, can do no lesse then professe this in words, yet it is true, that Tacitus writeth of such, Hist. l. 1. Libentius cum fortuna principis, quam cum principe loquuntur: and it is true, that the Church hath had plenty under Kings, not so much, because they were Kings, as because they were godly and zealous: except the P. P. say, That the oppressing Kings of Israell and Judah, and the bloody horns that made war with the Lamb, are not Kings. In the rest of the Epistle, he extols the Marques of Ormond with base flattery, from his Loyalty to the King, and his more then Admirable prudence in the Treaty of Cessation with the Rebells; a woe is due to this false prophet, who calleth Darknesse Light, for the former was abominable, and perfidious Apostacy from the Lords cause, and people of God, whom he once defended, and the Cessation was a selling of the blood of many hundred thousand protestants, Men, Women, and sucking Children.
This cursed P. hath written of late a Treatise against the Presbyteriall government of Scotland, A refutation of the P. P. Pamphlet, touching the inconsistency of the Presbytery with Monarchy. The pretended Prelates lies and calumnies of the Presbyteries of Scotland.in which there is a bundle of lyes, hellish calumnies, and grosse errors.
The first lye is, that we have Lay-Elders, whereas, they are such as rule, But labour not in the word and doctrine, 1 Tim. 5.7. pag. 3.
2. The second lye, that Deacons who only attend Tables, are joynt Rulers with Pastors, pag. 3.
3. That we never, or little use the lesser excommunication, that is, debarring from the Lords Supper. Pag. 4.
4. That any Church judicature in Scotland, Pag. 6.exacteth pecuniary mulcts, and threaten excommunication to the non-payers, and refuseth to accept the repentance of any who are not able to pay: the civill magistrate only fineth for Drunkennesse, and Adultery, Blaspheming of God, which are frequent sins in Prelates.
5 A calumnie it is to say, That ruling Elders are of equall authority to Preach the Word, as Pastors, Pag. 7.
6. That Lay-men are members of Presbyteries or generall Assemblies; Buchanan, and Mr. Melvin, 6.were Doctors of Divinity: and could have taught such an Asse as Jo. Maxwell.7.
7. That exspectants are intruders upon the sacred function, because as sons of the Prophets,Pag. 9. they exercise their gifts for tryall in Preaching.
8. That the Presbytery of Edinbrough hath a superintending power,Pag. 10. because they communicate the affaires of the Church, and writ to the Churches, what they hear Prelates and Hell devise against Christ and his Church.
9. That the King must submit his Scepter to the Presbytery; the Kings Scepter is his Royal office, which is not subject to any judicature,10. no more then any lawfull ordinance of Christ; but if the King as a man, blaspheme God, murther the innocent, advance Belly-gods, (such as our Prelates for the most part were) above the Lords inheritance, the Ministers of Christ are to say, The King troubleth Jsraell, and they have the keyes to open and shut heaven to, and upon the King, if he can offend.
10, 11.10. That King James said, a Scottish Presbytery, and a Monarchy, agreeth as well as God and the Devill, is true, but King James meant of a wicked King; else he spake as a man.
Pag. 11.11. That the presbytery out of pride refused to answer King James his Honourable messengers, is a lye, they could not in businesse of high concernment, return a present answer to a Prince, seeking still to abolish Presbyteries.
12. Its a lye, that all sins, even all civil businesse, come under the cognizance of the Church, for only sins, as publikely scandalous, fall under their power, Mat. 18.15, 16, 17. &c. 2 Thess. 3.11. 1 Tim. 5.20. It is a calumnie that they search out secret crimes, or that ever they disgraced the innocent, or devided families, where there be flagrant scandals, and pregnant suspitions; of scandalous crimes, they search out these, as the incest of Spotswood, P. P. of Saint Andrewes, with his own daughter; the adulteries of Whiteford, P. P. of Brichen, whose Bastard came weeping to the Assembly of Glasgow in the armes of the whore:Pa. 11, 12, 13. these they searched out, but not with the damnable oath ex officio, that the High Commission put upon innocents, to cause them accuse themselves, against the Law of nature.
13. The Presbytery hinder not lawfull merchandize;14. scandalous exhortation, unjust suits of Law, they may forbid: and so doth the Scripture, as scandalous to Christians, 2 Cor. 6.
14. They repeal no civill Lawes,15. they Preach against unjust and grievous lawes, as, Esa. cap. 10.1. doth, and censure the violation of Gods Holyday, which Prelates prophaned.
15. We know no Parochiall Popes, we turn out no holy Ministers, but only dumbe dogs, non-residents, scandalous, wretched, and Apostate Prelates.
16. Our Moderator hath no dominion,Pag. 7. the P. P. absolveth him, while he saith, All is done in our Church by common consent, p. 7.
17. It is true, we have no Popish consecration, such as P. P. contendeth for in the Masse, Pag. 9.but we have such as Christ and his Apostles used, in Consecrating the Elements.
18. If any sell the Patrimony of the Church, the Presbytery censures him; if any take buds of Malt, Meale, Pag. 18.Beeffe, it is no law with us, no more then the Bishops five hundred markes, or a yeares stipend that the intrant gave to the Lord Bishop for a church. And who ever took buds in these dayes, (as King James by the Earl of Dumbar, did buy Episcopacie at a pretended Assembly, by foule budding) they were either men for the Episcopall way, or perfidiously against their oath became Bishops, all personall faults of this kind, imputed to Presbyters, agree to them, under the reduplication of Episcopall men.
19. The leading men, that covered the sins of the dying man and so losed his soul, were Episcopall men: and though some of them were presbyterians, the faults of men cannot prejudice the truth of God;Pa. 17, 18. but the Prelates alwayes cry out against the rigor of Presbyteries, in censuring scandals, because they themselves do ill, they hate the light; now here the Prelate condemneth them of remissenesse in Discipline.
Pag. 18.20. Satan, a lier from the beginning, saith, The Presbyterie was a seminary and nursery of fiends, and contentions, & bloods: because they excommunicated murtherers against King James his will: which is all one as to say, Prophecying is a nurse of bloods, because the Prophets cryed out against King Achab, and the murtherers of innocent Naboth: the men of God must be either on the one side, or the other, or then preach against reciprocation of injuries.
21. It is false, that Presbyteries usurp both swords: because they censure sins, which the civill Magistrate should censure and punish. Elias might be said then to mix himselfe with the civill businesse of the Kingdom, because he prophecied against Idolators killing of the Lords Prophets, which crime the civill Magistrate was to punish. But the truth is, the Assembly of Glasgow, 1637. condemned the Prelates, because they being Pastors, would be also Lords of Parliament, of Session, of Secret Counsell, of Exchequer, Judges, Barons, and in their lawlesse High Commission, would Fine, Imprison, and use the sword.
Pag. 19.22. It is his ignorance, that he saith, A provinciall synod is an associate body chosen out of all judiciall Presbyteries, for all Pastors, and Doctors, without delegation, by vertue of their place and office, repaire to the Provinciall Synods, and without any choice at all, consult and voice there.
Pag. 22.23. It is a lye, That some Leading men rule all here; indeed Episcopall men made factions to rent the Synods: and though men abuse their power to factions, this cannot prove that Presbyteries are inconsistent with Monarchie; for then the Prelate, the Monarch of his Diocesian rout, should be Anti-Monarchiall in a higher manner, for he ruleth all at his will.
24. The prime men, as Mr. R. Bruce the faithfull servant of Christ, was honoured and attended by all, because of his Suffering, Zeal, Holinesse, his fruitfull Ministery in gaining many thousand souls to Christ: So, though King James cast him off, and did swear, By Gods name he intended to be King, (the Prelate maketh Blasphemy a vertue in the King) yet King James sware he could not find an honest Minister in Scotland to be a Bishop, and therefore he was necessitated to promote false knaves; but he said sometimes, and wrote it under his hand, that Mr. R. Bruce was worthy of the half of his kingdom: but will this prove Presbyteries inconsistent with Monarchies? I should rather think, that Knave Bishops, by King James his judgement, were inconsistent with Monarchies.
25. His lyes of Mr. R. Bruce, excerpted out of the lying Manuscript of Apostat Spotswood, in that he would not but preach against the Kings recalling from exile some Bloody Popish Lords, to undo all, are nothing comparable to the Incests, Adulteries, Blasphemies, Perjuries, Sabbath-breaches, Drunkennesse,P. 22, 23, 24. Prophanity, &c. committed by Prelates before the Sun.
26. Our Generall Assembly is no other then Christs Court, Act. 15. made up of Pastors, Doctors, and Brethren or Elders.
27. They ought to have no negative vote, to impede the conclusions of Christ in his servants.
28. It is a lye, that the King hath no power to appoint time an… place for the Generall Assembly; but his power is not privative to destroy the free Courts of Christ, but accumulative to ayd and assist them.
29. It is a lye, That our generall Assembly may repeal Laws, command and expect performance of the King, or then excommunicate, subject to them, force & compell King, Judges, and all, to submit to them. They may not force the conscience of the poorest begger, nor is any Assembly infallible, nor can it lay bounds upon souls of Iudges, which they are to obey with blind obedience, their power is ministeriall, subordinate to Christs Law; and what civill Laws Parliaments make against Gods word, they may Authoritatively declare them to be unlawfull; as though the Emperour, Act. 15. had commanded Fornication and eating of blood, might not the Assembly forbid these in the Synod? I conceive the Prelates, if they had power, would repeal the Act of Parliament made, An. 1641. in Scotland, by his Majestie personally present, and the three Estates concerning the anulling of these Acts of Parliament, and Laws, which established Bishops in Scotland. E…g. Bishops set themselves as independent Monarchs, above Kings and Laws: and what they damne in Presbyteries and Assemblies, that they practise themselves.
Pag. 31.30. Commissioners from Burroughs, and Two from Edinbrough, because of the largenesse of that Church, not for Cathedrall supereminence, sit in Assemblies, not as sent from Burroughs, but as sent and Authorized by the Church Session, of the Burrough, and so they sit there in a Church capacity.
Pag. 31.31. Doctors both in Accademies, and in Parishes, we desire, and our Book of Discipline holdeth forth such.
32. They hold (I beleeve with warrant of Gods word) if the King refuse to reform Religion, the inferior Iudges and Assembly of Godly Pastors, and other Church Officers may reform; if the King will not kisse the Sun, and do his duty in purging the House of the Lord,Pag. 33, 34, 35. may not Eliah and the people do their duty, and cast out Baals Priests? Reformation of Religion is a personall act that belongeth to all, even to any one private person according to his place.
33. They may swear a Covenant without the King, if he refuse; and Build the Lords House, 2 Chron. 15.9. themselves: and relieve and defend one another, when they are oppressed. For my acts and duties of defending my self and the oppressed, do not tye my conscience conditionally, so the King consent, but absolutely, as all duties of the Law of nature doe, Jer. 22.3. Prov. 24.11. Esa. 58.6. Esa. 1.17.
34. The P. P. condemneth our Reformation, because it was done against the will of our Popish Queen. This sheweth what estimation he hath of Popery, and how he abhorreth Protestant Religion.
35. They deposed the Queen for Her Tyranny, but Crowned her Son; all this is vindicated in the following Treatise.
36. The killing of the monstrous and prodigious wicked Cardinall in the Castle of St. Andrews, and the violence done to the Prelates, who against all Law of God and man obtruded a Masse service upon their own private motion, in Edinbrough An. 1637. can conclude nothing against Presbyteriall Government, except our Doctrine commend these acts as lawfull.
37. What was preached by the servant of Christ, whom p. 46. he calleth the Scottish Pope, is Printed, and the P. P. durst not, could not, cite any thing thereof as Popish or unsound, he knoweth that the man whom he so slandereth, knocked down the Pope and the Prelates.
38. The making away the fat Abbacies and Bishopricks, is a bloody Heresie to the earthly minded Prelate: the Confession of Faith commended, by all the Protestant Churches, as a strong bar against Popery, and the book of Discipline, in which the servants of God laboured twenty yeares, with fasting and praying, and frequent advice and counsell, from the whole Reformed Churches, are to the P. P. a negative faith, and devote imaginations; its a lye, that Episcopacie by both sides was ever agreed on by Law in Scotland.
39. And was it a heresie that M. Melvin taught, that Presbyter and Bishop are one function in Scripture? and that Abbots and Priors were not in Gods book? dic ubi legis: and is this a proof of inconsistency of Presbyteries with a Monarchie?
40 It is a heresie to the P. P. that the Church appoynt a Fast, when King James appoynted an unseasonable Feast, when Gods wrath was upon the Land, contrary to Gods word, Esa. 22.12, 13, 14. and what, will this prove Presbyteries to be inconsistent with Monarchies?
His lies of the generall Assemblies of Scotland.41. This Assembly is to judge, what Doctrine is treasonable; what then? Surely the secret Counsell and King, in a constitute Church is not Synodically to determine what is true or false Doctrine, more then the Roman Emperor could make the Church Canon, Act. 15.
42. M. Gibson, M. Black, preached against King James his maintaining the Tyranny of Bishops, his sympathizing with Papists and other crying sins, and were absolved in a generall Assembly, shal this make Presbyteries inconsistent with Monarchie? Nay, but it proveth only, that they are inconsistent with the wickednesse of some Monarchies; and that Prelates have been like the four hundred false prophets that flattered King Achab; and these men that preached against the sins of the King, and Court, by Prelates in both Kingdomes, have been imprisoned, Banished, their Noses ript, their cheeks burnt, their eares cut.
43. The Godly men that kept the Assembly of Aberdeen, An. 1603. did stand for Christs Prerogative when K. James took away all generall Assemblies, as the event proved; and the King may with as good warrant inhibit all Assemblies for Word and Sacraments, as for Church Discipline.
44. They excommunicate not for light faults and trifles as the Lyar saith: our Discipline saith the contrary.
45. This Assembly never took on them to chose the Kings Counsellours, but these who were in authority took K. James, when he was a child, out of the Company of a corrupt and seducing Papist, Esme Duke of Lennox, whom the P. P. nameth, Noble, Worthy, of eminent indowments.
46. It is true, Glasgow Assembly 1637. voted down the High Commission, because it was not consented unto by the Church, and yet was a Church Judicature which took upon them to judge of the Doctrine of Ministers, and deprive them, and did incroach upon the Liberties of the established lawfull Church judicatures.
47. This Assembly might well forbid M. John Graham Minister, to make use of an unjust decree, it being scandalous in a Minister to oppresse.
48. Though Nobles, Barons, and Burgesses, that professe the truth, be Elders, and so Members of the generall Assembly, this is not to make the Church the House, and the Common-wealth the Hangings; for the constistuent Members, we are content to be examined by the patern of Synods, Act. 15. v. 22, 23. Is this inconsistent with Monarchie?
49. The Commissioners of the generall Assembly, are 1. A meer occasionall judicature. 2. Appointed by, and subordinate to the Generall Assembly. 3. They have the same warrant of Gods Word, that Messengers of the Synod, Act. 15. v. 22.27. hath.
50. The historicall calumnie of the 17. day of December, is known to all; 1. That the Ministers had any purpose to dethrone King James, and that they wrote to John L. Marquesse of Hamilton to be King, because K. James had made defection from the true Religion: Satan devised, Spotswood and this P. P. vented this, I hope the true history of this is known to all. The holiest Pastors, and professors in the Kingdom, asserted this Government, suffered for it, contended with authority only for sin, never for the power and Office; These on the contrary side were men of another stamp, who minded earthly things, whose God was the world. 2. All the forged inconsistency betwixt Presbyteries and Monarchies, is an opposition with absolute Monarchie; and concludeth with alike strength, against Parliaments, and all Synods of either side, against the Law, and Gospell, preached, to which Kings and Kingdoms are subordinate. Lord establish Peace and Truth.
Farewell.