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cause_n	king_n	lord_n	parliament_n	7,771	5	7.1941	4	true

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

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

regard the King had made defection from the true Religion He being the nearest of the blood should come and take the Government upon him I know the just Copy of this Letter is extant to this day They runne to Armes the word is The Sword of the Lord and Gideon The good King was in the place of Iustice the prime of the Octavians with him hearing something of the uproare and tumult by a secret passage he and some other goe up to the Exchequer house overhead A great Lord was head of the Congregation he and some others came Commissioners to the King were admitted demanded those ●●tavians to justice The King askes this Lord how durst he against His authority His Lawes His Proclamation keep unlawfull meetings at Edenburgh for the King before had discharged the meeting of those Commissioners of Assemblie or any other meeting whatsoever without his Royall warrand The Lord with courage in zeale to a good cause told the King that he should see ere long they durst to doe more The Lord or some other taketh hold of one of the Octavians Gowne who was President of Session but he pulleth his Gowne out of his hand and conveyeth himselfe downe to the house where the Lords did sit in judgement In fine the King and Lords were forced to shun the danger of this tumultuarie insurrection to close up the doores and some to stand with their swords drawne if any should offer violence to break up the doores Some good Subjects especially Alexander Home of Northborvick for the time Provost of Edenburgh and Roger Mackmath whom King Iames ordinarily called His Bailie with others well disposed and Loyally affected Subjects and namely the Hammer-men rise up in Armes for the King who partly by smooth words and partly by threats husht and housed the Factious and Seditious The King came out of the place of Iudicatorie and on foot attended with many Nobles Gentlemen and other good Subjects came to His Pallace at Halyrude-house in Peace where immediatly in the afternoon he convened his Privy-Councell and by his Wisdome and Authority so repressed and punished that insolencie that all the time of His Raigne the like Barbarous treacherous course was never attempted I hope you are the more apt to believe this when you remember what a Petition or Declaration was presented to Queen Elizabeth at Green●●ch anno 1582. to remove from her Service and Trust such as they know were not well affected to the Religion and Church Sir I could make it appeare how all Seditions almost and Rebellions in that Kingdom have been set a foot or fomented by this Government Presbyterian How neighbourly Feudes have been encreased and entertained How Moneys collected for the reliefe and support of Geneva were by the chiefe Gamaliels and Presbyters interverted employed to raise and pay Souldiers to ayde and assist the Earle of Bothvell and his complices in Rebellion against the King I feare I have wearied you already the Subject is everlasting and I am weary of it If I should give account of the late practices and tenets of this late Covenant it were possible to let you see that it hath farre exceeded all the mischiefe ever their forefathers did although they tread in the same footsteps The reason why I have spared it is not I feared it I hope to discover it sometime to the World by anatomising it fully Next I hope you have espyed the Noble passages of it and are sufficiently confirmed that nothing can be more destructive of Monarchie and the Peace of any government To shut up all give me leave in the close to give the Articles of their Apostaticall Creed inconsistent with Monarchie which they hold as the twelve Articles of the Apostolicall Symbole I will touch onely the prime of those for for their other Articles they are so many and of so vast an extent abounding in Negatives that as King Iames saith well he that would keep them is not able to keep them in his Braine but must keep them in a Table Booke The Articles of the Dogmaticall Presbyterian Faith inconsistent with Monarchie 1. AS I have said before They Preach and maintaine that the Church is the house of God the civill Policy and Government are onely the hangings 2. Next they beleeve all Ministers are pari consortio honoris potestatis praediti that there must be a parity in the Church Ioyne these two together and you have a faire way for Democracie 3. They vindicate to themselves and their Consistory a soveraigne complete universall independent power in all things spirituall that concerne Salvation they have not onely the directive power but the Legislative also and all temporall things in order to Salvation and Religion come within the verge of their Scepter All soveraigne Power wheresoever you fixe it whether in one as in a Monarchie or in few as in an Aristocracie or in many or all by vicissitudinarie turnes have onely the Executive power to doe as they command and is bound to preserve by it's Power Lawes and Armes their sacred and celestiall Priviledges and Soveraignty 4. Whatsoever Lawes civilly enacted by King or Parliament they conceive to be against the Lawes of the Kingdome of Christ by their native proper intrinsecall right immediately derived from Christ they may repeale and make voyd discharge the Subject to obey them They may decree not onely different Lawes of their owne from the standing Lawes of the Kingdome but contrary contradictory and destructive of them And have withall so much coactive power that if obedience be denyed to the Lawes of this Soveraignty they can destroy the Soules of the Subjects by delivering them over to Satan 5. No Minister Preaching in Pulpit Sedition or Treason or railing at King Councell the prime Iudges is accountable or punishable by King Parliament Councell or any Iudicatory whatsoever But from all he may appeale to the Sanhedrim and Consistorie as the sole and proper competent Iudge 6. What Corroboration or civill Confirmation or Sanction they demand of the King which he is able to doe civilly for they will give him no formall interest in any sacred or religious thing He is bound to Grant it and to obey them as Christ's immediate Vice-gerents otherwise they may Excommunicate him 7. Reformation and preservation of Religion especially to prescribe the way and Orders for Reformation is solely theirs 8. The King is bound to put their Orders in Execution but if neither He nor His Councell nor His Parliament will doe it the Inferiour Iudges the Nobles the Commons nay every individuall man to his utmost power at their direction are bound to doe it 9. That they may without warrant of supreame Authority Assemble where and when they will for God and Christ's cause and for the Liberty and Peace of Subject and Kingdome in ordine ad spiritualia and there they may Covenant together sweare and subscribe for the glory of God the advancement of Religion and conspire and combine

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

After the arising of the commotion to prevent more tumult and danger and when Service and Sermon were done the Bishops Major and Aldermen going home with the Lord Chancellor and some BB. attending his Grace the Bishop and Deane of Edenburgh with others were well nigh stoned in the streets when I say it was demanded of these Apostles why they did not condemne this unchristian Barbarous outrage voyd of Pietie and Reason and without any example in the Christian Church the summe of their answer was and to this day is that such a zealous people were to be left to their own warrand they knew not by what Spirit they were governed God worketh great workes many times by basest means and yet those Nobles those zealous those intelligent and knowing Christians whereof many of them in Edenburgh were knowne Coale-stealers and Whores were the first active instruments in this glorious reformation I confesse this Divinity is so transcendent and Metaphysicall that it exceeds my capacity and is so fruitfull upon any occasion to work all or the greatest of mischiefes that I doe not see how it can consist with peace or safety of King Kingdome Church or of any entrusted with greatest trust in Church or State Sir I believe any rationall man may see by this how superlatively this spirituall Signorie is above King and Royall Soveraignty I leave it to your own judgement and memory to recollect it and to bring home the conclusion that this government Ecclesiasticall is inconsistent with Monarchie with the Peace of a Kingdome and is or may be in time a Mother and Nurse of as much Rebellion and Treason as any Iesuitisme of the Highest dye if not more Certainly Rome although a Whore and hath a cup of abomination in her hand is not so bad nor so abominable I pray God to keep all good Christians cleane of both Let us goe on In Faith Worship and all spirituall things they vindicate to themselves such a Soveraignty that King Councell Parliament nay all together must not touch the Scepter of Christ they are to determine define take cognisance accuse sentence punish neither King nor King and Councell nor King and Parliament all must assume power here for otherwise it is to intrude upon Christ and his Right This Soveraignty is of so high a straine so large an extent that when they have decreed any thing in this supream infallible Iudicatorie that they may have the better obedience to demand the King and Parliament's approbation This is not demanded as a thing arbitrary which the King and Parliament may doe or not doe or leaving it to His Royall judgement with the advice of His Parliament to qualify or rectify their decrees and orders No no truly that is to betray the trust Christ hath given them they need not supplicate or Petition for it it is in them but an act of courtesie to shew dutifull obedience And if the King and Parliament will not grant it they are armed with as much power from Heaven as to force them to doe it by Excommunication and making all good Christians joyne with them in God's cause Sir I feare you think I speake Liberally God forbid I should doe it I doubt not but you have read the Scotish Pope's Sermon Preached at Westminster and Printed by Order of the House since you have it I will not spend time and Paper to cite his Words which giveth to the King no more But to make this appeare I give you some unanswerable reasons 1. It is certain in Scotland M. Knox and his complices set on their reformation without the Queen or Queen Regents authority or the authority of Parliament For anno 1558. they made their confederacy gave out their Orders for Reformation throughout the whole Kingdome anno 1559. they acted their Reformation by casting downe Churches Abbyes c. casting out Priests Friers c. and all this by their owne radicall and originall power Queen Mary their true and lawfull Soveraigne did authorize them in nothing she was then in France The Queen Dowager Queen Regent King Iames the fifth's Widdow having the Soveraignty by fiduciary trust in regard of the absence of the Queen her daughter did not authorize it nay she did by her authority oppose it contradict it came in Armes against it The Parliament was not till the yeare 1560. how holden for the present I cannot tell but in that Parliament they set out a confession of faith reformed Religion but when they sent to King and Queen beyond Seas Queen Mary was then Married to Francis the second in France to confirme or ratifie the acts thereof they denied When intelligence was given to the Confederates they professed they little regarded the deniall of King and Queene for say they Knox Hist. pag. 500. all we did was rather to shew our dutifull obedience then to begge of them any strength to our Religion Another in this kind you have In Anno 1571. King Iames then being King and the Earle of Marre being Regent an Assembly was holden at Leith where by the Order of the Assembly and Ordinance of the Regent and Councell some Commissioners were appointed from the Regent and Councell and some from the generall Assembly to condescend upon a platforme of discipline which was agreed to on both sides The platforme is that the Government of the Church shall be by Archbishops Bishops Deanes and Chapters c. the order and course of all their Nomination Election c. is just conforme to this in England at this day and as it was in Scotland before this new happy Reformation This was enrolled in the Councell Books of that Kingdom and stands there to this day this I know certainly and if I be not deceived and almost I dare say it except they have wronged their most famous and their most ancient Councells the platforme is upon Record in the Generall Assembly Books Give me leave to tell you by the way one thing that the Negative Faith which is sine rugâ sine maculâ was framed anno 1580. and it is believed that in that Negative faith Episcopacy is abjured as Antichristian yet anno 1581. this same Government is renewed ratified and ordained to continue constant and not to be changed till His Majesty come to perfect age and to be kept or changed then onely in what He and His great Councell the Parliament shall think fit and not otherwise Before this the King His Houshold and Councell had subscribed the Negative Faith can any man not voyd of judgement and discretion think that the King His Houshold and Councell in subscribing it did judge Episcopacy Popish and Antichristian Next it is worth your notice taking that as I honour the good parts which were in Knox and his fellow-labourers I never accounted them as Apostles men secured from error yet I will say so much for their justification that they were greater Enemies to Sacriledge than their after-disciples and were not against the

Ambassodors The Magistrats of Edenburgh proudly contemne the command of the supream spirituall powers and out of carnall affection feast the King the French Ambassadors Royally Nobly on Monday when the Ministers the good Christians of Edenburgh fast the King the Ambassadors and Magistrates of Edenburgh feast ô facinus horrendum But to avert Gods judgement from the Land the Major and Aldermen were cited and convented here was some favour that the King and Ambassadors were not but I will tell you it was partiality and corruption for some of the Ministers were the Kings Pensioners and this kept the King free to be censured for their high Scandall in contemning so solemne a Fast There was much work but the King who was the chiefe and almost sole transgressor with interposed delayes and much sollicitation and prudence took off the edge of their zeale and the pursuit ceased 4. That this Assembly is Soveraigne in all Spiritualls admits no Coordinate or Coequall power farre lesse a superior is cleer in this That if any Preacher be charged before King or Councell for any offence to be punished if they in any case can cloath it with a spirituall respect or circumstantiate it so that it may be qualified for the Spirltuall High Sanhedrim the party cited and convented may and ought to appeale to the Generall Assembly as to the Iudge competent Mr Andrew Melvil if I be not deceived was the first Spirituall Councellor of Law that taught this way It is certain that what they Preach in Pulpit is not censurable by King Parliament nor Councell or any Iudge or Iudicatory else There be two reasons for it one is that Spiritus Prophetarum subjecti prophetis the spirit of the Prophets are subject to the Prophets onely 1. Cor. 14. the t'other is whilst men are there in that infallible pulpit they are ruled by some superior good spirit and they dare not blame or condemne them least they should offend and sinne against the Spirit and so although a man Preach downright Treason if it be in this place he is priviledged It is known and I hope yet remembred that after King Iames of blessed memory anno 1584. made many good Lawes to curbe the Insolency of Ministers did by Statute and Act of Parliament declare His Supremacy over Ecclesiasticall Persons and causes condemne all Iudicatories in use which were not by his own authority established He meaned the Presbyteriall That the Ministers then did importune the King to repeale them and when that would not doe did they not fall at last into open railing against him in pulpit as an enemy to Christ and his Kingdom they dispersed through the Kingdom infamous libells against his Person and Royall Honour they branded him as an Apostate from the truth and reviled him as an ofspring of the cruell and bloody house of Guise This forced the King to put out a Declaration anno 1585. in Print yet extant to vindicate himselfe and his Honour from that unchristian and more then disloyall calumnies At or about the very same time some fugitive Ministers out of Scotland pretending they were persecuted did in the Pulpits of London with their fowle mouths raile against His Majesty the wisest and learnedst of Kings so that the Scottish Ambassador was forced to complaine to Queen Elizabeth of it Her Majesty gave present order to the Lord Bishop of London then to silence all the Scottish Preachersthere Now that this Sanhedrim is only competent Iudge in Spiritualibus and that one convented before King and Councell may decline his and the Councel's authority although he hath Preached Treason appeareth cleerly 1. First if this had not been an ordinary practice before this time what needeth the making of that Act of Parliament anno 1584. declaring it Treason in all time to come to decline the Power and Iurisdiction of the King and His Councell 2. Secondly has not Iames Gibsonne Minister at Pencaitland witnessed for or against himselfe rather in this case in Print who publiquely in his Preachings compared His Majesty unto Ieroboam told him He should be the last of His Race reproached him as a Persecutor and much more of this zealous stuffe who being convented before the King and Councell and accused of those pious crimes He with that boldnesse becometh His Order justified all saying to His Majesty As long as you maintain these cursed acts of 1584. the tyranny of Bishops you are a Persecutor And addes that as Jeroboam for the leading of the people of Israell from the Lawes of the house of Iudah and from the true worship of God was rooted out he and all his posterity so should the King if He continued in that wicked course maintaining those wicked acts against God be rooted out and conclude the race much more to the like purpose was said if any look upon the Privy Councell Books of the Kingdom of Scotland he will find this a truth He was convented 27. December anno 1585. This man was an Oracle consulted and gave his answer in Coppinger Arthington and Hacket's extraordinary motion which storie you know better then I. Mr Black Minister of St Andrew's was convented too before the King and Councell about the same time who appealed from King and Councell to the Presbytery or Generall Assembly this last had spoken against both King and Queen There was a great businesse for the two mens appeales their brethren sided so much with them that the King had too much to doe At last out of more then warrantable indulgence His Majesty was content to insist no farther against them before His Councell but to remit their censure to the Generall Assembly it selfe before which it was cleerly proved that in pulpit they had spoken reproachfull and Treasonable speeches yet could the King by no power or entreaty obtain of them to inflict any punishment upon them because said they They knew not with what Spirit they were overruled I will shut up this poynt with one instance more then sufficient to make the truth of what I say to appeare Before King Iames came to the Crowne of England it was ordinary in Scotland to have a Generall Assembly once a yeare and oftner pro re natâ upon any great exigent The last which was kept during His Majesties abode there was Anno 1602. in the close of which the next ensuing was appoynted to be at Aberdine Anno 1603. in the interim the King succeeding to Q. Elizabeth and being in England He was so much taken up with the affaires of the Kingdom that He was necessitated to lay aside those concerned Scotland and for this reason His Majesty thought it fit to adjourne the Assembly unto which he had a speciall eye knowing their turbulent disposition and experienced in it whilest he was present amongst them to the next Summer in Anno 1604. When the time appoynted was come His Majesties more weighty affaires not suffering him to think upon the Assemblies businesse He gave

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