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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

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 practises 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 Printed Anno 1644. Sir YEsterday you desired me to give you some proofes by which it may appeare how inconsistent Presbyteriall Government is with Monarchie You were pleased to tell me that some good and worthy men doe desire to be satisfied in this point It seemeth these men doe not think that Presbyteriall Government is destructive of the true necessary and perpetuall Government of the Church which is Episcopacie instituted by Christ propagated by his Apostles and continued by uninterrupted Practice above 1500 yeares in the Church and to this day retained in the greatest part of the Christian world We deceive our selves to promise or expect to King or Kingdome Prince or Subject Peace and safety or deliverance from our troubles and distresses if we subordinate Fundamentalls in Religion necessary truths of faith worship and government to our publique or private civill good Nor am I able to expresse how high an Impietie it is at this time when God's hand is out against us justly for our sinnes to be so disposed and fixed upon a resolution that to redeem externall Peace we will embrace any Government of the Church provided it be consistent with Monarchy and will not scruple not onely to shake off the true and necessary government instituted by our Lord but by Law endeavor by highest authority to condemne it as Antichristian If this be not to frame mischiefe by a Law I know not what is If this provoke not more wrath more vengeance make not the Land spew us all out I am infinitely deceived We may promise to our selves that by such a course we may say like to the man in the Gospell Soule take thy rest for many dayes but it feareth me the successe and event shall be much like to his case Sir I pray you consider what Peace hath King or Kingdome enjoyed here or in Ireland since Episcopacy in Scotland by Law was damned and the Presbyterian Anarchie the Seminarie of all fude Faction and Rebellion as will appeare by what ensueth by Law and Supreme authority established I cannot dissemble but to a man of your worth and Integritie I must unfold my selfe I admire to see too too many amongst us here where is great plenty of able Gentlemen of excellent learning worth wit and all other perfections endowments as in any Nation besides to be so prepared that they are too too inclinable if not actually resolved to admit and authorize in this Kingdom and Church what they know not and to forsake that happy Native proper government of the Church the sweet fruits of which they have reaped so many yeares to the admiration if not envy of other Kingdomes States and Churches This is Samaritan-like to worship that we know not Or Athenian-like to consecrate an Altar and to sacrifice to an unknowne God Your worth and noble favours oblige me so much to you that I cannot chuse but obey your command And for your satisfaction I present you with a short view as in a Mappe of Presbyteriall Government give you a little touch of their Maximes and suitable Practices and that with as much truth and honesty as your goodnesse expects from me By which it will be more then apparent that Presbyterie as it is at this day somewhere within His Majesties Dominions is not onely inconsistent but also destructive of Monarchie And where it obtaineth it disturbeth the quiet and peace publique and private of King and Kingdome This is that you desire and to satisfie you to this I confine my selfe This Presbyteriall government within it's verge hath foure Iudicatories 1. A Parochiall Session 2. A Presbyteriall Consistorie 3. A Provinciall Synod 4. A Generall Assembly The Parochiall Session moveth in the lowest Sphere The Generall Assembly is the Primum mobile the highest Orbe which carrieth all with it's motion although the rest have their proper and specifick motions The other two are in the middle and interjected Orbes I shall begin at the lowest Iudicatorie and so shall orderly ascend to the Supreams Of the Parochiall Session EVery Parish hath one or more Ministers If more all of them are equall in all honour and jurisdiction onely the Senior hath the precedencie To the Minister or Ministers of each Parish to make up a Session in which is fixed the Parochiall Iurisdiction a competent number of Lay-Elders whom they call presbyteri non docentes and Deacons proportionable to the precinct and extent of the Parish are conjoyned which associate body thus compacted is the Spirituall-Parochiall-Sanhedrim This Session sits once a week or oftner pro re natâ In which all Parochiall cases which concerne externall order and censure are determined and ordered If there be but one Minister in the Parish he is constant Moderator If there be more they moderate by turnes either weekly or monthly as they agree Whatsoever thing is ordered determined or decreed is done by the joynt-consents of the Minister Lay-Elders and Deacons or by the plurality of voyces The Minister who is the Moderator hath no casting no Negative Voyce The power of all Iurisdiction is radically and equally in all for binding for loosing for all censures Ecclesiasticall for orders which concerne externall order and worship So the Power of the Keyes is as much in the Lay-Elders and Deacons as in the Minister or Ministers What sacrilegious intrusion upon sacred Orders this is I need not informe one of your understanding To make this frame good they maintaine that Iure divino there be foure orders of Ecclesiasticall offices allow me to speake in this Epistle all along their dialect or persons 1. Preaching-Elders whom they call Ministers 2. Doctors these are professors in the Chaire such as are in Vniversities 3. Lay or ruling-Elders who now have vocem deliberativam decisivam in rebus fidei Cultûs politiae and in foro exteriori Ecclesiae in censuris Ecclesiasticis are as much interessed and authorized as Preaching-Elders 4. Deacons who have trust of the meanes and monies destinated for pious and charitable uses This is very considerable too that although they hold these foure orders and offices necessary for the Government of Christ's Church de Iure divino by divine Right and Institution yet neither the Parochiall Conclave nor any Presbyteriall Consistory except it be where the

are students in Divinity or Country Schoole-masters or such youths who are bred with some Gamaliel who after that they have given their private trialls by Preaching and dispute are enrolled Expectants of such or such a Presbyterie These must keep their turnes in Exercising and adding as they call it with the actuall Ministers so they call them and once admitted to that Presbyterie may whensoever employed Preach in any Parish Church within the bounds of that Presbyterie doe all Ministeriall acts except Baptize or give the Sacrament of the Lords Supper for ought I know there is no Consecration used by them in that holy action but a meere thanksgiving nay they may be constant helpers and Copreachers with a Rabbie if hee the Parish and Presbytery agree to it I pray you shew me where ever you read of such a profanation that a Lay-man without Orders Imposition of hands shall be a publique Preacher of God's word and intrude upon this Sacred Function These for the most part were the Beardlesse Boyes King Iames of blessed memory mentioneth in the conference at Hampton Court Who would brave him to his face pag. 4. Within one County there may be two or three more or fewer Presbyteries according as there be more or fewer Parish-Churches and yet all these Presbyteries are independant one from another only it is remarkable that the Presbyterie of Edenburgh because as they speak it is seated on the Watch-Tower hath well nigh obtained by custome and other meanes a Superintending power over all other Presbyteries and other Presbyteries many times send thither to have resolution of their difficult cases The reason is besides the eminency of this City by its wealth and the residence of all highest Courts of Iustice there although this Allobrogicall brood maintaine Parity there be notwithstanding some few Patriarchs who rule and over-rule all who Lord it and Pope it over the Lord's Inheritance and in this City ordinarily are some of these Patriarches and the Responsa prudentum from hence are received as Oracles by remote Presbyteries and reverenced as answeres by Vrim and Thummim There is none who liveth within the verge of a Presbyterie but is answerable to this Classis and Iudicatorie and must appeare whensoever or for whatsoever cited The King and His family are not exempted nor priviledged if He be cited and appeare not He may be excommunicated for His disobedience and contumacy If He appeare He must submit His earthly Scepter to that their Scepter which they terme the Scepter of Christ He must doe what is enjoyned The Presbyterie is independent from the Crowne of an earthly King who is Gods and Christs Vicegerent in the generall Kingdome of His providence only But this Sanhedrim is Christs vicegerent in His oeconomicall Kingdome as Mediator as they speake and consequently to it He must vaile His Crowne submit His Scepter and from it receive Christs Law and Ordinances King Iames of blessed memory knew this well who therefore in that Conference at Hampton-Court pag. 79. saith A Scottish Presbyterie as well agreeth with a Monarchie as God and the Divell then Iack and Thom and Will and Dick shall meet and at their pleasures censure Me and my Councell and all My proceedings Then Will shall stand up and say it must be thus Then Dick shall reply and say nay marry but we will have it thus And therefore here I must once reiterate my former speeches the King is answering to D. Rainolds who seemeth to begge of His Majesty a Presbyterie or some thing like to it Le Roy s' avisera Stay J pray you for one seaven years before you demand that of me and if you then find me pursey and fat and my Wind pipes stuffed I will perhaps hearken to you for let that Government be once up I am sure I shall be kept in breath then shall we all of us have work enough both our hands full But D. Rainolds till you find that I grow Lazie let that alone It is more than notoriously knowne to many yet living and is upon Record in the Presbytery Bookes of Edenburgh how King Iames not once but many times hath sent men of Honour and good quality demanding or rather requesting for some things at their hands who have heard the Commissiones propose the King's mind But they to keep the power and place Christ hath given them in that dignity suitable to so high a trust have dismissed the Gentlemen sent by the King without answer and by an Order of that Spirituall house have appointed one or two as Commissioners of the Presbytery to goe to the King with their will and pleasure loosing no thing of Christ's authority and carrying themselves with the King almost as if two free Estates or two free Kings had met and were dealing together As no person is exempted from obedience and submission to this power so no crime or sinne whatsoever committed or suspected to be committed within the Seignorie of this pettie Principalitie And that sometimes is so extravagantly and transcendently too look't after and called in question especeially if indiscreet zeale or holy Spleen work and move by the Spirit on a holy Brother that if there be a fact and fault committed secret or knowne to very few it is brought forth to the light of the World There is no care taken to reconcile the Lapsed to God in a private way and to conceale his offence but disgraced he is publiquely What sound repentance this may worke judge you How consonant this is to the Apostolicall Canon They that sinne publiquely rebuke publiquely and to the common Maxime of the Church de occultis nonjudicat Ecclesia he may easily see who hath not divorced himselfe from common sense and reason To cure these secret sinnes by the power of the Keyes in interiori foro conscientiae and to cover them with the mantle of Charitie smelleth rankly of auricular Confession Popish absolution and Sigillum confessionis See the conference at Hampton-Court pag. 93. It is certaine a foolish man revealing foolishly his faults to his wife the zealous wife upon some quarrelling betwixt her and her Husband hath gone to a good Minister revealed what was told her and the honest impartiall Minister hath convented the man charged him with his sinne and made him confesse satisfie and doe pennance publiquely Nay upon a surmise suggestion suspition or any misinformation if the Minister or Lay-Elder delate that is present two persons to converse so familiarly that it is to be feared that they are guilty of fornication if they be unmarried or of adultery if both of them or either of them be married they shall be cited and convented examined by all proofes presumptions interrogatories c. whether or not they have sinned If that the presumptions be pregnant although no proofe be they shall be put in close prison fed on bread and water kept that none may come at them all Members Constituents of these Iudicatories

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