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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

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

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

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

in a mutuall defence one of another in this holy Cause and League 10. They teach and maintaine that all Soveraignty and Majesty in a King is originally immediately and properly derived from the Communitie and that onely by way of a fiduciary trust so that it is habitually and radically still in the People and the King hath no greater portion or proportion then He hath by the first popular fundamentall Constitution And in case of deficiency the collective body may supply in Church or State the defects of His Government For mal-administration the King is censurable For enormous errors He is deposable and they may disinherite His Posteritie 11. That a defensive Warre is lawfull against a bad King or a weake King seduced by Malignant Councell 12. They may oppose and resist all His Officers and Commissioners by force and violence if they come to execute His illegall commands And if He will be so obstinate that He will come in Armes against these good Christians they resist not His Authority but His Will nor His Office but His Person Besides their practice upon these grounds is to bring all cases all causes under their cognition and Iudgement sub formalitate scandali by which the King is robbed of His Sacred Prerogative The Iudges of their authority and all Subjects of their Right and quiet The rest of their Extravagant Maximes inconsistent with Monarchy and the Peace of Government are reduceable to those heads More then this you desired not Sir being infinitely obliged to you and honouring you much for your worth and Excellent parts cursorily and hastily I have written this answer to you Not intending thereby to reproach any person particularly whatsoever but to lay open to the World how dangerous a Government this is not onely for Monarchy but for all Governments whatsoever and that our eyes being opened we may chuse rather to endure any torment temporary then to enter into this treacherous and damnable Covenant destructive of Religion King Church Peace of all and the Liberty of the Subject To sweare to these things as established de jure divino and to put on poore People to act Treason and Rebellion making them beleeve they are Confessors and Martyrs If this give you any satisfaction I have what I desire If you doubt of the truth of any thing I hope I am able to make all here good by faithfull and authentick Records or Testimony of such as are worthy of trust I pray you keep it for your owne use onely for I should be loath any but a Friend see it it is so rudely done but I dare say truly and faithfully God save his Church from this Scourge and give us Peace and Truth which shall be the dayly Prayer of Your poore Friend and obliged Servant Ioh. ● Act. 17. 1. Of the Session hovv and of vvhom constituted The Minister is Moderator He hath no Negative Voyce The Iurisdiction spirituall is radically in the Lay-Elders Their foure sacred Ordes This yeare they are saered the next yeare prophane The competent cases of this Session They enjoyn civill punishments and fines They will not baptise the child if either of the parents have not payed the fine or satisfied the Church The membe●● constituents of the Presbyterie The cases proper to it The time of meeting Lay Preachers The Presbyterie hath kept state vvith King Iames All cases and crimes are vvithin the censure of the Presbyterie Crimes suspected are curiously here inquired after Presbyteriall Government inconsistent vvith the liberty of trade and commerce Inconsistent vvith the authority of civill Iudicatories The Presbytery at pleasure repealeth Royall grants by Lavv confirmed The Presbyterie vvill not suffer Landlords to sue for their Rents Some fevv of the Presbyterie tyrannize over the rest of their poore Brethren remove and transplant at pleasure A honest man removed frō his place and one by them brought in to make avvay Sacrilegiously the Church patrimonie The Presbytery the Seminary and nursery of Feuds What it is The extent of their power The cases which fall within their Iurisdiction The politick Stratagem of the great Gamaliels The great honour which is given to the Patriarchall Presbyters The presumptuous carriage of M. R. Bruce tovvard K. Iames The Countrey honour not these Apostles in the name of a Disciple as it appeareth by the disrespect all other Ministers have from their Parishioners The prerogative of this Court The independent Soveraignty of it Of vvhom and hovv it is composed Hovv the King is a member of it and of no povver above the meanest Ruling Elder The King must execute their commands although they be against His Conscience The proper Moderator is a Preacher They indict the Assembly by their ovvne povver The vast povver of this Court Lay-men judges in highest points of faith and worship c. Commissioners of Burrowes are there onely in a Lay-capacity We find Doctors no where The power which this Sanhedrim assumeth to it selfe They are above the King and all Soveraignty If they cannot reforme by the King they may by any other meanes else Religion may be reformed or preserved by violence If the King will not the Nobles may If neither King nor Nobles the people may If Nobles Commons joyne there is hope of some greater successe Inferiour Magistrates and people may joyne Every individuall in this good worke may ought to the utmost of his povver to intend and endeavour reformation All or as many as are well affected may covenant and combine for doing this work The Confederats may by themselves give Orders Practises upon the tenets Orders of Reformation prescribed without the authority of Soveraignty They charge their adverse party to obey their Orders They protost against King and Parliament They contemne Soveraign authority They usurpe Royall povver They renounce their lavvfull Soveraigne They command all the Brotherhood to be assistants They are obeyed the Queenes Herald is abused They denounce vvarre against their adversaries They vvill heare of no Peace but enter into a Combination for mutuall defence They depose the Queene Regent The Author 's modest opinion of that is called the first reformation of Scotland Practice of mischief done by private men commended by them When they demand the Royall conformation of their decrees it is only an act of courtesie An instance anno 1559. Another instance anno 1571. They set on their Discipline by themselves All must Preach as they direct They appoynt publike Fasts A strange affront offered to King Iames None Preaching Treason is censurable by any but by them The Soveraignty Ecclesiasticall Tyrannizeth over conscience body Estate This Court is Iudge of Treason in relation to Religion and of fit worthy Councellors for a King The Soveraignty of the Assembly is above all Lavves and may repeale them All Iudicatories are subordinate to this Sanhedrim A Holy trick vvhich hatcheth all Sedition and Treason The Storie of 17. December 1596. Their Dogmaticall Creed