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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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the first place to intimate to the King the desire and demands of the Assembly and to see all due civill Sanction and confirmation given to it the King His Councell His Parliament can change nothing of their sacred decrees without their consent What ever new occurrence is in Church or State pro re natâ these Commissioners are to give order and to see ne quid detrimenti Ecolesia capiat It is true their orders bind only in the interim betwixt the two Assemblies and the next plenarie Generall Assembly may derogare abrogare obrogare c yet give me leave to tell you truth these great Delegates with their power have so much influence upon the next Generall Assembly that their {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} precognitions and predeterminations are formally and Legally enacted Nor is this to be wondred at for the Achitophels and Ioabs of Church and Kingdom the best head peeces of greatest depth Preaching and Ruling Elders are in this Iunto Heere are all disturbing Seditions and treasonable courses hatched and conceived whether it be Treason against the King Sedition in State or Kingdom the change of Court the removing of Courtiers from the King the surrounding of him with others c. The next Assemblie ownes all their courses decrees them under pretence of Piety Reformation of abuses removing of Malignants from the King and from His Counsell from being Iudges in the supreamest Iudicatories of the Kingdom c. By this means at pleasure when and where they will they procure Parliaments to work for their own private ends To facilitate the work order is given to all Presbyteries to command all the Ministers to Preach to their flocks to make and keep Fasts for the danger the Church is in that the King is inclinable nay inclining to Popery that there are none in trust or power by Him in Court Councell Exchequer or Session but such as are Popish or Popishly affected and such they must be if they once determine it And woefull experience hath confirmed it that worthie Innocent and deserving men have suffered and the King hath been forced to abandon His best servants This close Committee hath all these prerogatives 1. During the interim betwixt two Assemblies they had trust to see that all the Orders and Decrees of the grand Consistory should be put in execution 2. Next upon any exigent intervening they have the power by their influence upon all the Presbyteriesin the Kingdom to make them goe which way they thought fit for their own ends both to make the Ministers Preach their sense and to work with all the people to believe the posture of affaires in Church and State were as they informed and represented them 3. Thirdly here were all things prepared for the next great meeting of the Generall Assembly By these means things projected were effected This way the Queen Regent was put from Her Regencie This way Queen Mary was expulsed Scotland This way King Iames His captivity at Ruthen was found to be good service This way that Noble Duke of Lennox Esme was made a Papist and the King forced to abandon him and he to depart the Kingdom in Winter being sick and shortly after dyed in France By this means if I be not deceived was that infamous day the 17. of December anno 1596. atro signanda lapillo renowned for a most horrid insurrection in Edenburgh against King Iames and His prime Counsellors I begge leave to give you a short account of it King Iames whilest He was King of Scotland by all forraigne Kings Princes and States was admired for His extraordinary Royall endowments Ambassadors from many beyond Seas at the same time and almost constantly were with Him The smallnesse of the Patrimony of that Crowne was not able to maintain that Royall deportment He kept Besides being too too Royally liberall and magnificent His coffers were empty and at this time scarce was His Majesty able to maintain the necessary charge of His house in that measure which was suitable to so Royall a King To rectify this the King with the advice of his Counsell entrusted with all his Rents Revenues and casualties Eight prime men of good worth and integritie Officers of State Counsellors and Iudges This was done that all might be rightly regulated and before all things His Tables at Court kept like a Kings that forraign Ambassadors might not espy any want which might derogate from the Honour of King and Kingdome The ordinary Tables of the Court were regulated the Courtiers daily allowance was retrenched which they could not away with They and other discontented persons did reproachfully call these men The Octavians They who grumbled at this and would right themselves to gain their intendment hit upon the ordinary and safest way that was to beginne with the Church They informe the forraign Ambassadors did work upon the King to turn Papist it was like they would prevaile for these Octavians were all such in their hearts and dissembled only in professing to keep a communion with the Protestant Church if those were not removed from the King and good men put about him Religion Kingdom and all were undone When this had been often informed and suggested early in the morning on the 17th day of December three of the Kings Domestick Servants came to M. Walter Balcanqual's house The Ministery of Edenburgh and others Commissioners of the generall Assembly with some of the best Christians of Edenburgh are sent for they meet there The Kings Servants informe that all was undone if they did not in time and speedily prevent for the Marquesse of Huntlie this was the late Marquesse who came occasionally the night before to Court and it is true he was Popish but God knowes he was free of what he was charged with say they was with the King till twelve a clock at night in his Bed-chamber yester-night it is resolved upon to re-erect Popery and so many of your best Citizens and Christians are to be seized upon some to be sent to Blacknes some to Innernes some to Dunbritton c. The case was apprehended in that zeale which became the cause The resolution taken was that M. Walter Baelcanquall being to Preach that very day in the Chancell of Saint Giles Church which they call the little Church after Sermon and Prayer done he should desire all good Brethren and Christians to meet immediatly forthwith there for the good of Church and Religion Noblemen Gentlemen Preachers Burgesses all who affected the good cause did meet M. Robert Bruce was appointed by common consent Moderator It is laid open in what case Church and Religion State and Kingdome are the urgent instant necessity is made to appeare The result of the determination was that presently they goe to Armes and by holy force to pull from the King's side those Popish Octavians That a Letter be written to Iohn L●●d Marquesse of Hamilton to come to Edenburgh to be Captaine of the Congregation and in
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
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