• 1. WHether the Parochiall and Congregationall Elderships, appointed by Ordinance of Parliament are Jure Divino, by the will and appointment of Jesus Christ.
• 2, Whether all the Members of the said Elderships are Mem­bers thereof, or which of them are Jure Divino by the will and ap­pointment of Jesus Christ?
• 3, Whether the Supreame Assemblies or Elderships viz. the Clas­sicall, Provinciall and Nationall, whether all or any of them, or which of them are Jure Divino, and by the will and appointment of Jesus Christ.
• 4. Whether appeales from Congregationall Elderships to the Classicall, Provinciall and Nationall Assemblies, or to any of them or which of them are Iure Divino, and by the will and appoint­ment of Jesus Christ?
• 5. Whether oecumenicall Assemblies are Iure Divino, or whether there be appeales from any of the former Assemblies, to the said oe­cumenicall Assemblies, Iure Devino by the will and appointment of Jesus Christ?
• 6. Whether by the word of God the power of judging, and decla­ring what are such notorious and scandalous offences as aforesaid, and conventing before them, trying and actuall suspending from the Sacrament such offenders accordingly, either in the Congregationall Elderships or Presbytery, or in any other Eldership of Presbytery presented to the House as the advice of the Assembly, and whether such powers are in them only, or any of them, or in which of them Jure Divino, and by the will and appointment of Jesus Christ?
• 7. Whether there be any certaine and particular rules expressed in the word of God, to direct the said Elderships, or Presbyteries, or any of them in the exercise and execution of the powers aforesaid, and which are those rules?
• 8. Is there any thing contained in the word of God, that the Su­pream Majestracy in a Christian state, may not judge and determine, what are the aforesaid notorious and seandalous offencet, and the manner of suspention from the same, And in what particulars con­cerning [Page 8]the premisses is the said Supreame Majestracy by the word of God excluded?

In Answer of these particulars the House of Commons desires of the Assembly of Divines their proofs from Scripture, and to set down the severall texts in the expresse words of the same.

Ordered that every particular Minister of the Assembly of Divin [...] that is or shall be present at the debate of any of these questions, de upon every resolution which shall be presented to this House concern­ing the same, subscribe his respective name either with the Affirma­tive or Negative, as he giveth his Vote, & those that do decent from the major Part shall set down their possitive opinions, with the expresse Text of Scripture upon which their opinion is grounded.

For Answer to the first Quaerie, the Churches of Christ were con­stituted, and gathered out of the world by the Ministry of the Gos­pel, according to that great Charter thereof, Mat. 28.19.20. Mark. 16.15.16. Lu. 24.47. And not by any Authority or Ministry of the ci­vill Magistrate, and as they were thus gathered, & planted in the pre­mitive times, so are they in like manner by his Servants to be gather­ed after the Apostacie whom by his power he shall in an extraordi­narie manner raise up, and by the Servants of the Churches that shall be by them sent forth to preach the everlasting Gospel for the in­lightening the earth, discovering the Mistery of iniquity, and the Ministry of Antichrist, gathering his people out of spirituall Babylon, as out of Babylon of old, and planting them into Church fellowship and order, having their Commission from Christ and his Church, and not by Command and Authority from Pope, Councel, Synod, or civill Magistrate: the Church of Christ being his spirituall Kingdom, con­sisting of a company of Saints, or holy people, Rom. 1.7. Cor. 1.1.2. Pet. 1.1.16. called out of the world, John 15.19. Rev. 5.9. By the preaching of the Gospel, Mat. 28.19.20. Mark. 16.15.16. by a free & voluntary consent, Ps. 18.43.44.110.3 Acts 2.41. & 13.48 & 17.11. entring into Covenant, Psal. 50.5 Zep. 2.1. Acts 3.23. to 26. Heb. 8.8.9. to discharge duties to God, & one to another, Iohn 4.24. Phil. 3.3.1. Pet. 2.5. 1 Cor. 12, 12. to 28. putting on Christ by Baptisme or dip­ping. Gal. 3.26.27. for ye are all the Children of God by faith in Christ Jesus; for as many of you as have been dipt into Christ, have put on Christ, compared with Ephes. 4.4.5. There is one body & one spi­rit, [Page 9]even as ye are called in one hope of your calling, one Lord, one faith, one dipping, one God and Father of all, who is above all, and through all, and in you all. This is Christs spirituall house under the new Testament, whereof he is Lord, as Hab. 2.20. Heb. 3 6. & head. Eph. 1.22.23. & King, Isa. 33.22. and Law giver, James 4 12. and prophet, Deut. 18.15. Mat. 17.5. Being that Priest, Alter and Sacrifice, by which all that believe and obey, are for ever sanctified and perfected, Heb. 10.14. and 5.8 9. for it is not the voice of the Church, much lesse the voice of the Synod, or Parliament, that we are to hearken unto in spiritnall worship, but Christs voice in the Church, and that in all things whatsoever he shall say unto us, Tim. 1.3.15. he speaking in his Servants, as Luke 10.16. he that heareth you, heareth me, and he that heareth me, hear­eth him that sent mee.

These where ever gathered together under Heaven, in the name of Christ, according to his order, consisting of Jewes or Gentiles, Col. 1.18. have power from him their head to receive in, deale with, or cast out of the Church, by the only Lawes and Statutes, of King Je­sus, heir only King and Law-giver, as Isai. 9 6. and 33.22. Acts 2.41.42. Mat. 48.15. to 20. and 1 Cor. 5.4.5. and 2.2.4. to 9. They being under Christ their King, the freest Independant Corporation or state under Heaven, Iohn 8.36. If the Sonne therefore shall make you free, ye shall be free indeed, Cor. 1.3.5, 6, 7. compared with Isai. 2.17. The Lord alone shall be exalted in that day. Now the parochiall Churches or Elderships that are appointed by Statute Lawes, or Ordinances of Parl. and thereby forced thereunto, cannot be Jure Divino, Churches of Christ by his will and appointment, but all the people of God are as truly called out of such Assemblies, as out of Babylon of old, to the free voluntary worship of the Gospell.

To the second quaerie I answer, The Parish Churches or Assem­blies being not gathered according to the Commission of Christ in that great Charter of the Gospell, and by his Ministers and Servants, but by the Authority of the civill Magistrate, through the importu­nity of Austin the Monck, sent over from Gregory the 7. from which roote and foundation the nationall Ministry now extant, still retaines their Ordination, having still kept their first state and constitution, although reformed in divers particuler Doctrines, whereby they cannot be Jure Divino, Churches of Christ by his will and appointment; but are constitutions of men through the [Page 10]subtilty of the man of sin, or beast rising out of the earth [to wit] by his earthly inventions, who by the slight of men, and cunning craftinesse they lye in wait to deceive, having 2. horns like a Lamb, but speakes like a Dragon, exercising all the power of the first beast, &c. Rev. 13.11. having a shew of wisdom in will worship and hu­mility, Col. 2.23. of whom the Apostle bids the Saints, beware of be­ing spoiled through their philosophy and vain deceit, after the tra­ditions of men, after the Rudiments of the world, and not after Christ, in whom dwells the fulnesse of the God-head bodily, and ye the Saints [to wit believers dipt] are compleat in him, &c. and Mat. 15.9. Christ saith, in vain do they worship me, teaching for Doctrines the Commandements of men, from whence it appeares [as the Churches, so the Members also] are none of them Jure Di­vino, Members of any Church of Christ, by his will and appoint­ment.

To the 3. I answer, for any supream Authority of Assemblies or Elderships, viz. the Classicall, provinciall, or nationall, whether they are Jure Divino or no. In all the Gospell I do not find any more ju­risdiction of Churches over Churches, then there is of brethren o­ver brethren, but the contrary is clearly proved, Mat. 23.8.9, 10. but be not ye called Rabby, for one is your Master, to wit, Christ and all ye are brethren, and call no man your Father upon the earth, for there is but one, your Father which is in Heaven; be not called Doc­tors, for one is your Doctor, even Christ, and Cor. 1.5 4 5. That Church of Corinth had power, as to cast out the Incestious person, so upon his Repentance to receive him in again, without the autho­rity of any other Church, or any others contradiction, & James 2.1. he saith, my brethren, have not the faith of our Lord Jesus Christ, the Lord of glory with respect of persons, and Chap. 3.1. he saith my brethren, be not many Masters, knowing that we shall receive the greater condemnation; but this spirit of pride is no new thing, for it began in the Disciples, Luke 9.46. when there arose a reasoning a­mongst them, which of them should be the greatest, but Christ per­ceiving the thoughts of their hearts, answereth them by setting a little Child in the midst of them, to teach them humility, there being too many now a dayes of their spirit v. 46. 47. 48 as he taught them, against persecution, vers. 54.55, 56. when they would have had sire come down from Heaven to consume the Samaritans, saying, ye know not of what spirit you are, for the Sonne of man is not come [Page 11]to destroy mens lives but to save them, &c. Therefore these supream Assemblies are not Jure Divino, by the will and appointment of Jesus Christ, but are all by humane Authority not known in Scrip­ture, being against the freedom, which every Church of Christ hath given them, which they ought to injoy, none being before or after another in their priviledge or prerogative, which liberty and free­dom every protestator and Covenanter is sworn to stand for and maintain.

To the 4. Concerning Appeales from Congregationall Elder­ships to the Classicall, Provinciall, and Nationall Assemblies. The parishionall not being proved Iure Divino, but of humane Authori­ty, appeales to them, and from one unto another must needs be un­lawfull. Besides, how contrary is this to the primitive practice, as Acts 15. when there arose a difference about Circumcision in the Church of Antiochia, they sent up to the Church at Ierusalem for their advice, (not that they had any authority over them), and they as humbly and truly sent their advice, saying, it seemed good to the holy spirit, and to us, to lay upon you no other burthen then these necessary things. Now if these could say thus, and would do as they did, their Councell ought evangelically to be received in like sort by believers; but these as they were never called and gathered by Christs Authority, so have they not the promise of his presence by his spirit with them as his Churches have, Mat. 18.17. to 20. & 28.20. 1 Cor. 3.22.23. & 1.5.4.5. Iohn 14.16.17. & 15.26.27.

To the 5. I find no oecumenical Assemblies in Scripture under the Gospel to be of Gods appointing, but an invention of the man of sin, raysed by those Locusts that came out of the smoke that arose out of the bottomlesse pitt, Rev. 9.2.3. who had power as the Sorpions of the earth have power that so by force, As Eze. 34.4. flatteries as Dan. 11.21.22.34. And cunning crastinesse whereby they lye in wait to deceive Ephes. 4.14.15. Transforming themselves as the Ministers of righteousnesse, Cor. 2.11.15. whose end shall be accor­ding to their workes by which meanes they cause all the world to wonder after the beast, who had his wound and did live Rev. 13.3. to 7. for the first beast, being those heathen bloudy tyrants who wor­shipped the Draggon which gave him his power, to whom was gi­ven a mouth, speaking great things and blasphemies against God, to blaspheme his name, and his Tabernacle, and them that dwell in Heaven &c.

[Page 12]This beast being thus wounded, there ariseth another beast out of the earth (to wit) out of those earthly inventions of Popish assem­blies counsells and Synods, Re. 6 13.14. the Starres folling from Hea­ven to the earth, they leaving those glorious institutions of Christ, the dipping of actuall believers, upon confessing sins and professing faith, as also the volentarie contribution of the Saints, or as Fox in his acts and monuments renders it, the puer almes of the Church, and bringing in baptizing or rather sprincklin of Naturall Infants, and paying [...] [...]iths, hereby raising national Churches wichout the which they could never have done it, neither could they now retaine them, thereby contradicting the Appostles rule Cor. 1.4.6. in presuming a bove that which is written; but should these 2. pillars be taken away according to our Protestation and Covenant, and a reformation set up according to the word of God [as is pretended] the Kingdome of Antichrist like the Philistins house will fall upon their heads, as that on the Philistins; upon Sampsons that glorious [...]pe of Christs pulling away the 2. pillars whereupon the house stood, Iudg: 16.29.30. That whereas by the authority of the Civill Magistrate, they having insinuated into there affections, like Pharoahs froggs into his and his servants Bedchambers Exod. 8.3 4. by being their Chap­lains as they call themselves, a service not known in the Gospell of Christ for his ministers; whereby the Magistrates being by them de­luded, give that power, which was given thē of God for the punish­ment of evill doers; but for the praise of them that doe well, to the upholding of this beast and his Image, and they having received it put it forth to the uttermost causing all, both small and great, rich and poor, free and bond, to receive a marke in their right hand, and in their foreheads, and that no man might buy or sell, save he that had the mark or the name of the beast, or the number of his name &c. This second beast consisting of the whole state hirarchie or cler­gy, as they call themselves with the Image even all that receive the ordination from that state there being not soe much as one of there names, much lesse their practice or maintenance heard of in the Gos­pell of King Jesus: from the Pope or Prelate to the Sexton, and yet they do as that vile person spoken of by Daniel, Dan. 11.21. That come in peaceably and obtaine the Kingdome by flatteries, pretend­ing they are the ministers of Christ yet are not content with his or­dination, nor maintenance and wages, and therefore obtaine ordi­nances, as doctor Burgis &c. and Statute Lawes from the state [Page 13]though some of them had little need having enough before, which have caused more breach of the protestation and Covenant, and tedious suits in the Courts of Justice then any one thing in the Kingdom; and therefore to say no more to this all appeales to them are humaine, and not Iure Divino, neither in the particular or generall.

To the 6. I answer, The Lord Jesus Christ having satisfyed his Fathers Justice, and thereby wrought everlasting rightcousnesse for all them that obey him, it being testified from Heaven by the Fa­ther, that he is his beloved Sonne, in whom he is well pleased, And having received all power both in Heaven and in earth, by which Authority as then he sent forth his Servants, so hath he also given and setled this power only upon and in his Church, and that to the body [not the Ministers] consisting of a company of dipt Disciples, not the Servants distinct from the Church, as they new pretend and assume, but as they derive it from the Church, they giving it to them; and therefore these Presbyters not being Members of any Church of Christ, according to his institution, and yet claiming such power as distinct from the Church, have nothing therein but what they have from the man of sinne, by tradition of men, and not lure Divino, by the will and appointment of Jesus Christ.

To the 7. There are no rules at all given in the Gospell of King Iesus in question, giving power to the said Presbyters or Elderships, or any of them, for the putting in execution of any the power a­foresaid, seeing their constitution is not from God by Christ tha [...] great prophet of the Church, but from their reverend Fathers the Prelates, and so consequently from the Pope, or civill state, who hath no more power to Command or set Lawes in the Kingdom of Christ, then the King of Spain, or the French King hath in the Kingdom of England, which is intire and Independant of it selfe; But for a Church of Christ truly stated there are rules, as to receive in, so to deale with and cast out if need require, as Tim. 2.3.16.17. All Scrip­ture is given by inspirtaion of God, and is profitable for Doctrine, for reproofe for correction, for instruction in righteousnesse, that the man of God may be perfect, throughly furnished unto all good workes.

To the 8. We are to take notice, that under the Gospel the Lord Jesus is not only a King, but the only King and Law-giver to his Church, Isai. 33.22 Iames 12.4. Tim. 16.15. Rev. 17.14. and there­fore the civill Magistrate under the Gospell ought no more to in­trench [Page 14]upon his prerogative in Church Government, then he did up­on theirs in civill things, as Luke 12.13, 14. where he would not so much as divide the inheritance between the 2. brethren, & therefore Mat. 22 16. to 21. when the Pharices took Councel how they might intangle Christ, asking him whether it was lawfull to pay tribute to Caeser or no▪ [...] [...]aith unto them, shew me the tribute money, say­ing, whose Image or superscription is this, they say unto him, Caesars he saith unto them, render therefore unto Caesar the things that are Caesars, and unto God the things that are Gods, and Rom. 13.1. to 7. the Apostle injoynes obedience from the Church unto civill Magistrates or higher powers, not only to Christians, but as they were Magistrates though Heathens, which they then were, shewing that they are of God, ordained of God as Mrs. of our flesh, and that those that resist them, resist the Ordinance of God, whether Christian or Heathen, & such as resist shal receive to themselves dam­nation; for Rulers are not [to wit appointed of God] a terrour to good works, but to the evil, wilt thou thē not be afraid of the power, do that which is good; but if thou do that which is evill, be afraid, for he beareth not the sword in vain; for he is the Servant of God, a Revenger to execute wrath upon him that doth evill; wherefore ye must needes be subject not only for wrath, but for Conscience sake.

Now what this evill is, the Apostle shewes, to wit, not Heriticks, and Schismaticks, as some fondly dream, and would if they could maintain, though with fire and sword, although indeed more to up­hold their own honour, Kingdom, power, places, greatnesse, and be­nifices, then the civill Magistrates as is clearly discovered to most men already, whose eyes the Lord hath in any measure opened, and may easily be proved to all that are not wilfully blind; for in the Conscience concerning worship, the Lord only raigneth as King and Lawgiver; wherefore the Apostle saith, The Law is not made for a righteous man, but for the Law lesse and disobedient, for the ungodly, and for sinners; for unholy and prophane, for murtherers of Fathers & murtherers of Mothers, for Man-slayers for Whoremongers, for them that defile themselves with mankind, for men-stealers; for lyars, for perjured persons [oh that the Ministers that prest the Protestation & Covenant so cagerly, would take notice of this!] and if there be any other thing that is contrary to wholsom doctrin, according to the glorious Gospel of the blessed Ged, which was [Page]committed to my trust &c. 1 Tim. 1.9. to the 11. Now the civill Magistrates are called fathers of our flesh, to whom in all these civill things we ought to be obedient; But saith the Apostle shall we not much rather be in subjection to the father of spirits and live; to wit, to his laws given forth by his sonne the great prophet of his Church, speaking from heaven, Heb. 1 1. Deut. 18.15. Act. 3.22.23. Who hath given a rule for his people to walk by, as Mat. 28.20. which rule the Apostle exorts the Galathians, and in them all beleivers to observe as Gal. 6.16. they thus walking having the promise of peace and mercy upon them, And Phil. 3.16. he exorts the Church, to walk by the same rule, and to mind the same things.

Thus I have made appear, that the Congregationall or Parishlo­nall Elderships appointed by Ordinance of Parliament, the members thereof, or any of them, the supream Assemblies or Elderships, viz. the Classicall, Provinciall, oecumenicall or Nationall, are none of them Jure Devino, by the will and appointment of Jesus Christ.

Wherin, I have also proved from the word of truth, that the Civill Magistrate hath nothing to do as a Magistrate, to judge of any cause in the Church of Christ, it being there to be judged and tried by those servants, and in that order and manner that is set down in his word, by the will and appointment of Iesus Christ.

And what was required by the Parliament of the Synod or Assem­bly, I have in some weak measure answered from the scripture, & set down the severall texts in the expresse words of the same, according as was desired, subscribing my self your honours, and the Churches Servant in the Service of the Gospell of King Jesus.