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

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order to Prorogate it to another and longer day which was accordingly done by publike Proclamation authorized by His Honourable Privy Councell of that Kingdom Notwithstanding all which some Thirteen or Fourteen Godly zealous brethren must needs meet at Aberdine at the day appoynted for the Assembly They established and formalized the Iudicatorie by constituting a Moderator a Clerk and other essentiall Members of the Court The Lords of Councell understanding this contempt sent a Gentleman of good qualitie and place with an Herault at Armes to discharge and dissolve the Holy meeting The Commissioner and Herault were entertained with as much respect as before they had given reverence to the Proclamation issued out by the Soveraigne authoritie of the King with the advice of His Honourable Privy-Councell The Holy Fathers in the great Sanhedrim protested and professed that in Conscience and Duty to Almighty God they were bound to preserve the Churches right and could not would not give way to that power the King Sacrilegiously usurped which properly and natively belonged to the Church virtuall the Assembly They kept and continued the Assembly some dayes and finding that no more of the holy Brotherhood came to joyne with them they dissolved and to preserve the holy right of the Church appoynted the time and place of meeting for the next Assembly The King hearing this gave order to His Privy-Councell to cite convent them before them and to punish this High contempt The more zealous Champions of the Lord of Hostes appeared and with an undaunted courage gave in to the Lords of Councell a Protestation a Declinator from the Kings Councell and appealed to the next Generall Assembly as the sole and competent judge in this case and cause The Kings Atturney or Advocate by order from the Councell-Table was ordained to pursue them criminally before the Lord Iustice Generall and that upon the Act of Parliament mentioned before Anno 1584. upon which Order the one halfe confessed their fault and easily made their Peace and obtained pardon The zelots were convicted of Treason ad Terrorem exemplum more then for any other end or respect and only banished the Kingdom Of whom the most part thereafter upon their confession and submission were pardoned came home lived and enjoyed their own or at least as good if not better Benefices Sir are these things consistent with Monarchie or the obedience is due to Soveraignty and its Highest Courts So absolute and uncontroleable is this High Celestiall Court that it commandeth Conscience and Soule disposeth of body and estate in the poynt of Religion that if you conforme not in all neither Soule nor Body nor Estate can be in Peace nay no toleration can be allowed where this soveraignty domineereth And to make this power of the larger extent it is certain their faith and things necessary to Salvation are of greater latitude then that of the Councell of Trent If any doth not after a little time granted for information conforme and subscribe to their confession of Faith which is more in negatives and destructives then affirmatives and positives their rule of government their manner of Worship and what else in their opinion is necessary to Salvation and in this I am sure they are more rigorous then ever God or Catholike Church was for if you dissent but from them in a Theologicall tenet it is Heresie you are forthwith excommunicated and given over to the Divell after which upon the remonstrance of a Commissioner from the Presbyterie to the Civill Iudge there is a warrant from Supream authority given out to command you to conforme this is different from the Writ De excommunicato capiendo or then within few dayes to be put to the horne that is outlawed Vpon disobedience the tender conscience not conforming the outlawed's estate moveable Chattells we call it become proper to the King God knoweth little of this benefit commeth to the King's Thesaurer but a Donater to the escheit which ordinarily is the Convicted's mortall Enemy for a little composition hath the right made over and hath the benefit of the escheit If within yeare and day he give not obedience and conformity His whole Revenues and Rents of immoveable goods forfeit to the King during his life time Some Enemy of His or Favourite of the Thesaurer's obtaineth the King's Right and the King hath little or nothing of it Here you have him stript of all his Estate moveable immoveable Yet here is not an end but still upon Remonstrance of the Presbyteries or Church's Commissioner another writ goeth out which they call Letters of Caption that is if I mistake not the tant'amount of the writ de Excommunicato capiendo which is directed to all Sheriffes Stuards Provosts Bailies c. to seize secure his Person wheresoever it may be apprehended and to commit him to close Prison as a Rebell If he skulk and hide himselfe then upon the same Remonstrance goeth out a writ which there they call Letters of Intercommuning I know no thing in the Law like this the intent is that none of the Kings Subjects commune or conferre with him coram or personally or by Letter or interposed Person keep intelligence or correspondence with him otherwise the intercommuner is to be judged and reputed to be a Rebell of the same guiltinesse You will be pleased to remember this when the Church requireth all these of the civill Magistrate so they are pleased to terme Soveraignty he is bound to grant them Now Sir I pray you consider if this is not in many respects worse then the Inquisition when an opinion in a Theologicall tenet different from the assured faith of those Gamaliels may bring a man unto all those troubles Onely to make amendes for this remember this authoritative way preserveth a Church from Haeresie Error Superstition and Schisme There is another practice of the power of this Court that for the glory of God the honour of the King the good and preservation of Church and Religion it may assume to it selfe to be Iudge of what is Treason what is not who are fit Councellors for a King who not Practice is the most sure infallible and clear proofe and demonstration of power I will give you one in the case of Treason that none dare to say it is a Lye and which can be made good by the authentick and publique Records of Parliament and Councell of Scotland and their owne Noble acts of generall Assembly When King Iames about the age of Iosias when in holy writ it is recorded of him that he began to seeke the Lord with all his heart had taken the Government of the Kingdome in his owne hand and did Reigne and Rule with such prudence incomparable admirable that none could justly except against Him or His Government yet such was the restlesse ambition of some who could not with patience endure the trust of others especially of that Noble worthy Esme Duke of Lennox His Majesties nearest Kinsman
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
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