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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 of Episcopacy as Popish and Antichristian as M. Andrew Melvil and his disciples afterward maintained Nor were they so foolish to seclude all Church-men from voyce in Parliament onely their desire was that seeing the Popish Bishops were allowed to enjoy their Benefices and Rents during their life time this was more then our charitable glorious Reformers allowed to their Protestant Bishops now with all other Priviledges except spirituall jurisdiction that they should not sit in Parliament as the representative of the Church but in their places should sit the Superintendents and Commissioners of the Church Which indeed were somewhat like to Bishops but resembled more Arch-Presbyters then Bishops To returne againe thither from whence we digressed after that this platforme of discipline was so agreed and established as we told before M. Andrew Melvil comes to Scotland about the yeare 1574 or 75. ultra citra This man a good Hebrecian and Linguist and full of the Geneva Talmud which was now more refined beginneth to set Presbyterian discipline higher to make a second book of Policy or devout Imaginations acknowledgeth no more Orders in the Church then the foure above named A Bishop was no more in Scripture but the same identically with Presbyter and where Abbots and Priors to his time were nominated and admitted to the Abbies and Priories as Church-men gave their trialls and were collated as they speake by the superintendents This great Doctor found out another Divinity that there was no Bishop but a Parish Priest Scripture for Abbots and Priors there were none such in God's book At this time and from that they call Reformation to this time there was no Bishoprick nor Abbie annexed to the Crowne and consequently not impropriate to any Subject It is true Lay-men held them in commendam by the King's gift but as men able to doe the King and Church good service and before their right could be completed or perfected they were to returne to the King from the Superintendent a collation or certificate that he was of that ability to doe good service to the King and Church Men sacrilegiously disposed grasped greedily this doctrine and thanked God that their names as Abbots Priors were not in the book of God And to have these Church livings and dignities with Bishopricks annexed to the Crowne and from thence to impropriate them to them and their heires they deified M. Melvil and contributed their best wits and uttermost power to raise Presbyteriall government higher And by the sole authority of that they call the Church they began without the King Councell or Parliament's consent or authority to distribute the whole Kingdome into so many Presbyteries as they thought fit in their discretion and by the direction of the holy Spirit and did procure private subscriptions to their new Book of Policie and put it in practice Sir I hope you are the more apt to beleeve this because you know in England the disciplinarians in London meetings debated and established their orders in secret and not warrantable Conventicles and much about the same time and great correspondence was entertained betwixt the Scots and the English at that time How that book of Discipline was practised without any authority in Surrey and Northamptonshire and other places you know well enough Now I pray you when without Authority by their owne inherent radicall Right they make Orders reforme establish a Discipline doe these men imagine that the concurrence of Christian authority Soveraigne is absolutely necessary or that their demand is any thing else but an act of courtesie when by themselves and assistants they may establish and practise it This Second book of Policie Master Melvils reformation is the Epocha of our second Reformation The fruits of which I will tell you were the Annexation of all Bishopricks Abbyes Priories c. to the Crown which was effectuated anno 1587. If you will cast your eyes upon the third glorious reformation that makes the Popes knees shake like Belshazzars when he did see the handwriting on the Wall that is if we will speak truly this deformation which is the disgrace of reformed Catholike Religion and which threatneth Church and Religion King and Kingdom with ruine you will find these men have sung a note above Ela have ordered and practised more then all that went before them Hanc movere nolo Camarinam I hope a better wit and more elegant and eloquent pen shall some time Anatomise this Monster and so lay it open to the view of the world that it shall appeare to be no true brood of the Reformed Catholike Protestant Religion 2. Secondly another argument to prove that this Superlative Soveraignty in spiritualibus hath all its most naturall Subjects at its devotion and obedience is this that what they command to be Preached must sound alike in all their Synagogues And whosoever he be that is the Minister of the Kings family he must Preach the same There is no coequall corrivall or coordinate power that can doe so much as intercedere make the least sort of crossing opposing or interposing Is it not known that the Kings Minister in Scotland at the direction of this Conclave when his Councell have been to meet frequently for Treaty with Ambassadors from forrain Kings upon the Lord's day or Week-daies Sermon before the meeting {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in great freedom of the Spirit hath told him all the Counsell of God from Heaven with a denunciation of Iudgements if he swerve from it And if the King had gone to the Church of Edenburgh a Beardlesse boy had told him more sound wisdome from Heaven how to article and conclude in matters of Highest concernment betwixt him and Spaine or him and France then all the wisest Councellors and greatest Nobles in the Land and this forsooth must be the King and Councell's rule 3. Thirdly doe they not challenge to themselves the sole power to appoynt publike fasts to give the reasons of it which ordinarily are that Gods judgements are incumbent and imminent upon Church and Kingdom for the sinnes of the Governour and Governours and that the Government is amisse And the consequent or effect of these fasts is too too frequently and ordinarily some Commotion Sedition Rebellion or at least some change of Court Councell or Session I cannot here passe by a storie as true as strange While King Iames was in Scotland two French Ambassadors had remained some months there with Him being ready to depart and take their leave of the King the King for His own and the French Kings greater Honour sent on a Satterday for the Major and Aldermen of Edenburgh commanding them the very next Monday to Feast the French Ambassadors The Ministers of Edenburgh to affront the King and the King of France too on Sunday intervening indict a solemne fast to be kept to morrow on Monday the day appoynted the Saterday before by His Majesty for the entertainment of the

Presbyteriall seat is in a City where an University is have any Doctor or Doctors amongst them Nay which is more nor be any such in their generall Assemblies or if they be they appeare only in that capacity as Commissioners from and for the Vniversity It is worth your notice taking that their Lay-Elders and Deacons are yearely elected Here is truly verified of them that Hodie Clericus cras Laïcus The things within the compasse of Session-jurisdiction are things meerly Parochiall the ordering of the Parish-Church and peculiar Service the censure of lesser Scandalls I must speak their words as Fornication Drunkennesse Scolding Profanation of the Sabboth they mean the Lords day c. Capitall Scandalous crimes or Scandalls of Highest straine are reserved as cases of peculiar jurisdiction for the Presbytery as also lesser offences when they are attended with Obstinacy and what is censurable or punishable by the greater Excommunication If I mistake not they know not much at least use not much the Lesser Excommunication In the cases above mentioned the Cognition Examination and Iudgement of the cause is proper to the Presbytery the Minister with his Parochiall Conclave are only the Executioners If any parochiall difficult case occurre which this Parochiall Sanhedrim cannot determine the use is to consult with the Presbytery When the Session censureth any delinquent or Scandalous person they order his publique and Solemne repentance if by some superiour judicatorie it be not determined as they think fit by plurality of voyces after performance of which order the penitent is received into the communion of the Church But before the delinquent be admitted to doe his Repentance he is fined in a pecuniary mulct at their discretion proportioned to the demerit of the offence and the ability of the Person as he is poorer or richer It is true this mony is for the most part imployed to pious and charitable uses As they punish by Pecuniary fines so corporally too by imprisoning the persons of the Delinquents using them disgracefully carting them through Cities making them stand in Iogges as they call them Pillaries which in the Country Churches are fixed to the two sides of the main doore of the Parish Church cutting the halfe of their Haire shaving their Beards c. and it is more then ordinary by their Originall and Proper power to banish them out of the bounds and limits of the Parish or Presbytery as they list to order it Is not this potest as utriusque gladii would not a good Learned Iurist say that this is not only intrusion upon meeriy civill power but upon the very Royall Rights themselves The Imperiall Law if I be not mistaken maketh banishment so peculiar to the Soveraign Authority that without it's power and consent it cannot be inflicted upon any civis any Subject Their ordinary practice more in this is that when a pecuniary mulct is inflicted if the delinquent pay not the defined and determined summe or at least give security for the payment of it although he should testify all the contrition is requisite by humble confession and offer most willingly to doe all pennance to give all satisfaction he will not be admitted to satisfy publikely nay he is proceeded against for Contumacie and they will threaten Excommunication Nor is that to be passed by that if a Child be borne in Fornication and either of the Parents hath not satisfied the Church they will refuse to Baptise the poor infant till the Church get satisfaction This is consonant with Scripture anima quae peccaverit ipsa moriotur It is fit now in the next place to speak of The Presbyterie VVHich is the next Iudicatory to which the Session is subordinate It hath in it somewhere more somewhere fewer Parish-Churches as some are made up of Twenty some of Twelve some of fewer All persons within these Parishes within the precinct of this Presbyterie of what quality soever the King or His family herein are not exempted nay nor from the jurisdiction of His Parochiall Session are under the power and jurisdiction of this grand Consistory The members Constituents of this Presbytery are all the Parochiall Ministers within its compasse and a Lay-Elder for each Parish The Lay-Elders are in number equall to the Preaching Elders and in power voyce Iurisdiction in Haeresie Idolatry Worship Censure c. are par● consortio honoris potestatis praediti are so equall and un●●o●me that a Plowman from the Plow or a Tradesman from his shop sitting there in the capacity of a Lay-Elder his voyce is as good as the voyce of the most Reverend and Learned Divine if any be there They maintain a parity in all only a little difference in this that a Lay-Elder cannot be Moderator Yet have they no Canon for it And we are able to prove by their books that men who were never in Sacred Orders of Priest or Bishop have been Moderators not only of their Presbyterie but of their so much Idolized Generall Assembly Mr Robert Yoole who was never Priest nor Deacon onely Reader in St Andrews was in one turne for a yeare or halfe a yeare or some lasting time Moderator of the Ptesbyterie of Saint Andrews and Mr George Buchanan who was never Church-man and Mr Andrew Melvil who had never the Order of Deacon both of them have been Moderators of their great Generall Assembly The cases proper to this Iudicatory are first such as are from every individuall Parish within its compasse referred or presented 2. All crimes and scandalls of highest straine namely such as are civilly punishable by death 3. All crimes which come under the censure of Excommunication 4. All appeales from Sessions 5. All differences which cannot be composed or determined in the Parochiall Conclave 6. The visitation and censure of all what is amisse in every Parish either in Preacher or other 7. The appoynting of Readers and Schoolemasters They meet once a week in some places in other places only once a fort-night All the ministers in their severall turnes at their meeting Exercise as they call it that is there is appoynted by the Presbyterie some one book of old or new New Testament which every one by turnes in his own course interpreteth in the Parish Church where the Presbytery doth meet Two alwaies speak the first from the Readers Desk or Pew the other in some other place distant from him but convenient for hearing The first Analyseth Interpreteth and taketh away the doubts of his Text and as they enjoyne he is bound to the doctorall part The second when the first hath done addeth to what is said hath a warrant to supply the defects or correct the errors of the first speaker but especially his charge is the Pastorall part to apply the text and bring it home to the affections There be Ingredients in this Exercise such as God's Church before this late age never knew a kind of Creatures whom they call Expectants These

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