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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

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

is their constant Catholicke tenet that if the King Queene Regent or Protector or whosoever he or she is in whose Person Soveraignty is fixed or in whose Person it is representatively fixed onely by a fiduciary trust during the non-age of the Prince or Princesse will not submit himselfe to this holy Scepter will not according to it's prescript reforme Religion preserve it in it's integrity any man or men are bound to doe it at their direction I spare Martin Junior's faith in this that there is no authority above the Brotherhood No Magistrate saith he Thes 17. 18. 22. may lawfully may me or deforme the body of Christ which is the Church no lawfull Church Government is changeable at the pleasure of the Magistrate of necessity all Christian Magistrates are bound to receive this government Nor will I insist upon Vigginton's assertion That what the Holy Brotherhood cannot obtaine by suite and dispute the People must bring it to passe You desire the tenets and practices of the Church of Scotland onely The Scot's maintaine that if the King or Queene will not reforme Religion they may take upon them by violence and power to reforme it This they have learned of their grand-father Knox as you may read in an Epistle of his written from Deepe Anno. 1557. and in Knox Histor. pag. 213. what is lawfull for Reformation is lawfull for preservation of Religion 1. And here they begin with the Nobles and determine right downe Noble men ought to Reforme Religion if the King will not Knox app. 25. againe that God hath appointed the Nobility to bridle the inordinate appetites of Princes and in so doing they cannot be accused as resisters of authority Knox Hist. 343. and that it is their duty to represse the rage and insolency of Princes Knox app. 33. 2. In the second place if the Nobles will not doe the People and Commonaltie may reforme Religion at the order and direction of the Brotherhood Knox to the Commonalty fol. 49. 50. The Commonaltie by their power may bridle the cruell beasts They meane Priests and Prelates Knox to the Commonalty fol. 55. The Commonalty may lawfully require of their Soveraigne to have true Preachers and if he be negligent they may themselves provide them maintaine them defend them against all that doe persecute them and may detaine the profits of the Church livings from the other sort That is to say Priests Papists Prelates and Malignants Knox to the Commonalty fol. 55. 3. In the third place if they come to the happinesse to have Nobles and Commons obedient to their commandements for reformation or preservation of true Religion which must be so as they fansie I am deceived if they allow not more violence and esteeme it more piety zeale and justice Their tenets are The Commonalty concurring with the Nobles may compell the Bishops to cease from their tyranny Knox to the Commonalty fol. 47. againe The Nobility and Comminalty ought to reforme Religion and in that case may remove from honours and may punish such as God hath condemned Deut. 13. Of what estate condition or honour soever Knox app. fol. 28. 30. 4. In the fourth place if the Nobles will not joyne with the People or Commonalty in the reformation or preservation of true Religion at the direction of the Ministery the inferior Magistrates may and should doe it Knox Hist. p. 217. 5. In the fifth place before so good a worke be not done if Nobles or the whole or greatest part of the Commonalty will not be obedient assisting and ayding to so good a work Every individuall man and person is bound to advance this good work to kill Papist Priest Prelate Malignant nay a King if He stand out an Enemy to God and Christ and cannot otherwise be reclaimed or removed nor by suite or dispute gained to the right way I dare say their doctrine leads to this see Knox app. fol. 30. where roundly he saith The punishment of s●ch crimes as touch the Majesty of God doth not appertaine to Kings and chiefe Rulers onely but also to the whole body of the People and to every member of the same to revenge the injury done against God Againe see him fol. 35. The People are bound by oath to God to revenge to the utmost of their power the injury done against God's Majestie To this purpose they alleadge the examples of Phineas who in his zeale killed the adulterers of Ehud who in the same zeale killed Eglon in his private Chamber remember he was a King Of Iael who killed Sisera of Matathias who in zeale killed a Iew for committing of Idolatry and who in the same zeale at the same time killed the King's Commissioner Sir put these things together and see where this Soveraigne supreame Ecclesiasticall Iudicatory hath such dominion and power over mens consciences that being directed by their Ministerie they are bound to doe to the utmost of their power for reformation and preservation of Religion what sacred Person of any King can be secured what man offending against the Majesty of God which is as they fansie many times may not be taken away by one like to a Ravilliack what Commissioner or Counsellor of the King but in doing his best service to his Maister he may be stoned like to Adoram and all this goe in popular esteeme currant for good service and extraordinary zeale to God and his cause 6. In the sixth place upon those grounds Covenants and Confederacies come in to strengthen all to joyne purses persons wit and strength contra omnes mortales Regiâ Majestate non exceptâ against King and Bishop Prince and Prelate to the defence of the good cause with a combination every one to be ayding assisting and maintaining one another in so good a cause 7. In the last place commeth their Orders for reformation or preservation and that by themselves and the collective body or any associates whatsoever without respect reverence or obedience to the Soveraign authority of the Prince The practice is cleerly seen in Mr Knox his proceedings for after that by his Letter which we mentioned before written to Scotland Anno 1557. from Deepe and otherwise he had infused the above named principles into many an oath of confederacy was taken amongst them and subscription under their hands to some agreement This gave life to that tumultuary reformation much strength being added to it by the concurrence of the Sacrilegious hoping thus to swallow up the Church revenews which is more then certain was against Knox his mind and the first reformers As we deplore great losses the Church had by this reformation and doe thank God heartily for his admirable bounty and mercy in the good of truth we got by it yet we will never wrong Reformed Religion so much as to account of that as an orderly reformation we deny not but it was attended with much Sedition Faction and Rebellion Anno 1558. without the