Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	judge_n	law_n	2,710	5	5.1476	4	true

Text snippets containing the quad

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

of Cooper in Fife A noble man there having one Maister Weymis an honest man a Preacher and Parson at one of the Churches the which whole parish belonged to the Noble-man used all the entreaties all the threatnings he could to perswade Master Weymis to make over to him and his house the Right of the benefice which if I mistake not was a Parsonage The good man refused it the Noble man finding the man immoveable having prepared the way with the Ring-leaders accuseth the honest man before the Presbyterie obtaineth sentence of removing Maister Weymis from that Church and benefice and bringeth in one M. Scrogie who with the consent of the Presbyterie sacrilegiously made over the Right of the Church to the Noble man and his Family M. Weymis was transplanted to another Church The Right made over by Scrogie was afterwards confirmed by Act of Parliament King Iames when this noble man came to him spoke to him to this sense My Lord I wonder how you have so much power with the Presbyterie to obtain such a thing and work so strange a matter I pray you teach me the way for I would gladly know it The Noble man answered to this sense or much about it Sir you take not the right way I prepared my businesse by gaining the prime men to my course I sent to A. B's house so much Malt and to C. D's house so much Meale to N. a Carcasse of Beeffe this got me the power to put away Weymis to bring in Scrogie and from him with the consent of the Presbyterie to have the right of the Parsonage impropriate to me and my house Sir this course you must take if you would work any thing by or with these men The Testament of a Gentleman of Wit and more then ordinary worth and esteeme is to this day extant although he dyed many years agoe wherein confessing his many Sinnes he was much guilty of uncleannesse and was of more then ordinary reach in Politicall and Subtile waies abhorring himselfe for them and earnestly begging pardon professed and protested that no sinne did wound his conscience so much as his deep Hypocrisie who without the true feare of God made great shew of Religion where none or little was and to cover his sinnes from the World to hide his shame and the better to effectuate his private designes he made much of some few prime leading Ministers by doing of which he was not challenged for his sinnes and was enabled to worke his other ends This hath been and is this day a constant course kept by all of that cutte and coate It is known that no Kingdom of the Kings was so much infested with Feuds as they call them as that of Scotland nor was there any thing more ordinary then Neighbourly Feuds in Parishes to be fought to the effusion of much blood partly beginning sometimes within the Church and ended in the Church-yard where many times some were killed And it was as ordinary to find each Presbyterie divided in their affection and course according as they affected the one or the other partie Nor was Scotland ever free of Feuds sheathing their Swords in their Neighbours bowells murthering one another till a little before King Iames came into England nor did ever that Kingdom enjoy such Peace and Plenty as during the time of Episcopacy Sir by the few instances I have given you of many you may see clearely that Presbyterian Government is not only inconsistent with Monaichie but destructive of the Liberty of the Subjects person and trade encroaching upon all Authority Soveraigne and delegate restraining at pleasure Causes and Suits commenced before Iudges forbidding Execution of Iudgements obtained before the ordinarie Iudges repealing Grants Letters-Patents Rights and Priviledges authorized by Law assuming to it selfe the Civill power exacting Civill fines pecuniary mulcts inflicting corporall punishments painfull and disgracefull defaming young disgracing married persons in briefe is against the peace of the Kingdom of Families and neighbours And for their Clergy or fellow Presbyters they tyrannize over their Conscience depose or transplant them at pleasure for reasons known to some few of the more active It is proper now to speak next of Provinciall Synods IN describing of which we need not to insist much for except that the Iurisdiction is of greater extent and latitude yet in its essentialls constitution and power with the exercise of it it is the very same A Provinciall Synod is the apish Imitation of a Provinciall Councell consisting of a Metropolitane and the Suffragan Bishops of his Province With them it is an associate body of the Commissioners chosen out of all the Individuall Presbyteries within the precinct of the Province How many there be of them in the Kingdom of Scotland at this instant I know not but the Kingdom is divided into so many Provinces as they in their prudence think it fittest for the Government of the Church If I remember right by their platforme of Discipline these Provinciall Synods are to meet twice a yeare or oftner pro re natâ These Synodall Assemblies have a superintending and overruling power over all the Presbyteries within the limits of that Province The cases proper to these Courts are 1. All matters which doe appertain to the whole Province 2. All ●●ferres from all Presbyteries within its verge 3. All cases of every severall Presbyterie which were difficult and could not there be determined 4. The due censure of all what is thought to be done amisse in any Presbyterie within its lash 5. What is ordered and decreed in those Provinciall Synods tyeth all within the particular Presbyteries and Parishes as well Lay as Clergy-men to obedience Any Presbytery else that moveth without the spheare of this Province is not tyed to obey what this decrees by virtue of any authority flowing from it The same course is holden in all things in the Provinciall Sanhedrim which is kept in the Presbyteriall Consistory so that I need not trouble you by resuming and repeating the like only here is some peece and use of good Policy which is this In a Province there may be some foure or five or six or more knowing leading Ministers who over-rule different distant Presbyteries so cannot formally fairely joyne their wits and power to compasse their common and private ends The meeting of this Provinciall Synod occasioneth the meeting of those leading men in the same place who after that they have communicated Counsells and agreed upon the course they are able to draw their brethren their pupils of their Faction as Sorvum pecus slavishly yet with much zeale to dispute debate and voyce for what they in their wisdome think fit for their own ends which course layed downe will be so prevalent that if it be against King Country Preacher or Lay-men in that concerneth the publike or any private mans interest to whom they stand engaged it is to as little purpose to some

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

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