THe serious consideration of the importunate Claimes of a new kinde of Ecclesiasticall Iurisdiction, by a pretended Divine Right, by those very men who of late so eagerly declay­med against the Old, as Antichristian and Papall, when challenged by our Prelats upon the selfe-same grounds and Title, hath induced me to propound these few Important Questions to the over- [...]asger prosecutors of this supposed Divine Authority, at leastwise to moderate, if not extomgio [...] those unseasonable deplorable late kindled flames of Contention, which if not timely prevented may prove more fatall to our Churches Kingdomes, then all the former Dissentions, and break forth into a new Civill Warre, betweene our selves, when we have totally vanquished the Common Enemy. The Prelates deserting of their undoub­ted Jus hum inum, and unadvised challenge of a Ius Divinum to advance, perpetuate their Iurisdictions, and sweating men to this their Title by a new, &c. Oath, was the immediate forerunner, yea principall meanes of the utter subversion both of their Hierarchy and Authority. And wee have cause to feare that some over-ridged Presbyterians in considerate zeale, in waving the Presbyteriall Authority vested in them by an unquestionable Ordinance of Parliament (to their full contents as most men deemed;) and resorting to a more dubious disputable (pretended) Ius Divinum (formerly laid aside by both houses of Parliament and the Assembly, though now re­sumed, revived,) the more highly to advance and firmely settle it in ou [...] Churches, may produce the like contrary unexpected effects: and either re­vive the old exploded Luciferian Episcopacy, or introduce that more feared Anarchicall Hydra or Bable of Independenc y, which they most endeavour to suppresse; or at leastwise revolve the censorius or corrective power of all scandalous sinnes and sinners into the Civill Majestrates hands, the farre safest of the three: on whose be [...]e, I shall with the spirit of Peace and Meek­nesse propose these following Queries, both to my Presbyterian and Inde­pendent Brethren; desiring their acquiescens in or serious answers to them after sound deliberation, laying aside all private Interests and designes, whatsoever, which may misguide their Judgements) for the sifting out of that one Golden medium of sacred Truth, which can only reconcile and [...]ordially re-unite us in the Bonds of Love.

1. Whether all scandalous Sins and Offences now pretended by Presbyte­ri [...]s or [...] to be of Eccle [...]sticall cognisance, be not by Gods own [Page 4] Institution and Command [as well before, as undet the Law, and through out the Old Testament,] inquirable, examinable, and to be determined, In ged only by the temporall Majestrates, or Civil powers, and punished only with temporall or corporall punishments, not by any Ecclesiasticall Persons, Officers, or Church-Censures only, distinct from civill; since, we read, that the severall scandalous sinnes ofLevit. 20. [...] to 8. D [...]ut. 13. 4. to 18. c. 17. 2. to 8. Io [...] 22. 10. to 34 2 chron. 23. 17 15. 13. Iudg. 6. 30. 31. 1 King 18. 40. 2. King 10. 20. to 29. c. 11. 18. Idolatry, Exod. 21. 17. Levit. 20. 9. c. 24. 10. to 17. 1 Kings 24. 10 to 16. Dan. 3. 29. Mat. 26. 65. Cursing, Blaspheming, Exod. 21. 14. Numb. 15. 32, to 37 Sabbath-breaking, Exod. 21. 15, 17. Levit. 20. 9. D [...]r. 22 18. 19, 20. Iosh 1. 18. 1. Sa. 11, 12. Ezr. 7. 25. 26. Disobedience to Parents natural or civill, Gen. 26. 11 c. 38, 24, 25, Levit. 20. 10, 15, 17, 18. Deutt. 22. 22 to 25 Levit. 18. 6. to 30. c. 21. 9 John 8, 4, 5, Whore­dome, Adultery Levit. 18. 22, to 30. c. 20, 11, to 22. Exod. 22. 19. Indg. 20, 1. to 15 Incest, Rape, Sodomy, Buggery, [...]en. 9. 5. 6 Exod. 21. 12, 13, 14. Levit. 24, 17. Num. 35. 15, to 34. 1 King. 2. 32 to 35 Murther, Levit. 20 27. Deutr. 18. 11. 1 Sam. 28. 9. Witchcraft, Sorcery, with sundry other sinnes, were by Gods owne precept, to be inqui­red after, censured, punished by the Temporall Majestra'e, civill Congre­gation, powers People and only, with civill punishments alone, as putting or stoning to death, burning,[Deu. 31 22] hanging Deut. 22. 28 19. 29, c. 25 2, 3 2 Cor. 11, 23. 24. c. 6. 5. fines, stripes and the like, but never en­joyned to be examined, censured by Ecclesiasticall Persons, Officers or to be punished by them with Church-censures, as Excommunication, Suspen­tion from the Passeover, Circumcision, Sacrifices, Festivalls, or any publike Ordinances then in use, or exclusion from the Temple or Syna­gogues, as the marginall texts demonstrat. And more especially Ezra. 7. 25. 26. where King Artaxerxes sending Ezra the Priest (descended lini­ally from the High-Priests before him, as is evident by v. 1. to 6) up to Ieru­salem, with a speciall Commission to repaire the City, Temple, restore the ser­vice of God therein, and settle the Government of that place according to the Law of God, gives him this command: And thou Ezra, after the wisdome of thy God, that is in thine hand, set Majestrates and Iudges that may judge ALL THE PEOPLE that are beyond the River, all such as know the LA [...] OF THY GOD, and teach yee them that know them not: AND WHOSOEVER WILL NOT DO THE LAW OF THY GOD, and the Law of the King; let Iudgement be executed speedily against him, (not by Ezra the Priest, or any Ecclesiasticall Consistory or Presbytery of Priests, with meere Ecclesiasticall Censures of Excommunication or suspention from the Temple, or publike Ordinances of God, no such Church-Offi­cers punishments being then known, or instituted by Gods Law; but by the Majestrates and Judges appointed, who were to punish them only with temporall Censures as the following words thus resolve) Whether it be unto DEATH, or to BANISHMENT, or to CONFISCATION OF GOODS or to IMPRISONMENT: the only punishments, censures then inflicted on Delinquents against Gods Law, as well as against the Kings: Yea had there bin any other Censures Ecclefiasticall distinct from these temporall, which ought by any Divine Right or institution to have bin then inflicted upon notorious scandalous offendors against Gods Law, by the high Priest, or any other Church Officers or Iudicatory, no doubt this devcut King upon this occasion would have expresly commanded Ezra the Priest him­selfe, or those Church-Officers or Judicatories to have duly executed the same, when he gave him this large Commission, and extended so much ex­traordinary favour to him, that he cryes out in the very next ensuing words. v. 27. Blessed be the Lord God of our Fathers, who hath put such a thing as this into the Kings heart, &c. Which as it expresly determines, thatDeu. 12. 47, 48 Acts 16. 22. 23 [Page 5] this Commission, and forecited direction was inspired into the Kings heart by God himselfe, and so most consonant to his written word and Law: so it insinuates, that by the Law of God in those dayes, all scandalous Offen­ders against Gods Law were to be punished only by the civill Majestrates and Judges with civill punishments, not by any Ecclesiasticall Officers, or Iudicatory, with any Church-censures whatsoever. This may be further evidenced by the Priests, Prophets, Peoples, and Princes proceedings a­gainst Ieremiah, & Vriah, who for preaching and prophecying falsly, (as was supposed) were punished by the King, and Princes, upon the Priests, Pro­phets, & peoples malicious accusation only by Jer. 16 throughout c. 29, 26, c. 31. 33, c. 37, 18, 19. c: 38, & 39 Imprisonment & Death alone, not by Church-cen [...]res, Church Iudicatories: Yea Deuter. 13. 5. False Prophets are expresly enjoyned to be put to death by the Civill Majest [...]s, not punished by the Ecclesiasticall powers with excommunications or suspentions. And it is most cleare and undeniable by the 1 King 22. 26. 27. 2 Chron. 16. 10. c: 18. 25. 26. Math. 14. 3. 4. 5. Luk. 22. 23. Acts 5. 18. 19. c. 8. 3. c. 12. 2. 3. 4. c. 16. 23. 24. c. 22 19. 20 to 30. c. 24 & 25, & 26 2 Cor. 6, 5, Hebr. 11, 36, 37. That both in the old and new Testament False Prophets, Teachers and broachers of Erronious Doctrins; (or such who were so reputed though true) yea the Apostls & Saints of Christ, for preaching, professing the Gospell and truth of God, amongest the Jewes and others who reputed itActs 14, 14. c. 28. 22 Heresie, Scisme, or false Doctrine, con­trary to what they had formerly received, were usually convented before the civill Majestrates, and punished with imprisonment, stripes, putting or stoning to death, and the like, but not with Excommunication, or any Ec­clesiasticall Censures of divine institution though now made matters of meere Ecclesiasticall Cognisance. And if so; whether the Temporall Christian Majestrates and civill Powers, as such, have not now the selfesame divine Authority to punish such sinnes and sinners under the Gospell, only with temporall punishments, without the interposition, Examination or Censures of any Church-Officers or Presbyteries, as the Godly temporall Majestrates & Civill powers had then under the Law? If not, how the con­trary can be evidenced by cleare Scriptures, and by what texts in particular?

2. Whether the texts of Deut. 17. 8. to 14. & 2. Chron. 19. 8. to the end, do warrant any Ecclesiasticall Iurisdiction, Congregationall or Classicall in Cau­ses meerely Ecclesiasticall, or any meere Church censures, distinct from the Civill Majestracy, and temporall Censures, as some now pretend? Whether the genuine scope and sence of these texts, hold forth any more or other jurisdiction and power in the Priests, Levites, or High Priest himselfe, then this: That they joyntly with the temporall Iudges, and chiefe of the Fathers of Israel [not alone by themselves] should resolve (not ordinary plaine, or undisputable, but only] all such doubtfull, civill cases, or controversies which the ordinary Iudges or Majestrats in their Cities held dubious, or too hard for them to determine aright, between [not scandall and scandall, [...]or who should be ex­communicated, suspended from the Ordinances as scandalous, ignorant or unfit, and who not] but, between blood and blood, plea and plea, stroke and stroke, (being matters of civill controversie) in their gates; and between Law and Commandement, Statutes and Iudgments, [to wit the Judiciall written Law of God] upon whose exposition any civill doubts, or controversies should [Page 6] arise which the people themselves could not resolve,] whose superior resolu­tions they should submit to, and proceed accordingly to execution; and he that would presumptuously disobey and not submit to their sentence, was not to bee excommunicated or suspended,Deutr: 17, 12 13 but put to death; (a meere civill censure) to terrify others. And if this only be the ful sence and meaning of these texts, whether any episcopal, Presbyteriall, classical or congregational Iurisdiction to correct scandalls with meer Ecclesiasticall censures can be deduced from them? Whether that speech of Iehoshaphat 2. Chron. 19. 11. And behold Ama­riah the Chiefe Priest is over you in all matters of the Lord (not scandalous sinnes and Ecclesiasticall Offences committed by the Priests or people, no matters of the Lord, but sins of men, detested by the Lord;] imply or necessarily enforce, that he had any Ecclesiasticall Iurisdiction in point of judicature, to censure, punish all or any sort of scandalous sinners with Church censures [of which there is not one sillable in the text] vested in him by any divine Authority? And if so, whether it makes not more for Papall and Archiepiscopall, then Presbyteriall, Classicall, or Congregationall Au­thority? this power or superintendent Iurisdiction over all matters of the Lord, being vested in this High Priest alone, and no other. Or rather, whether it be not clearly meant, that as King Josiah himselfe did by his own Regal Authority appoint Iudges in the Land and in Jerusalem, in the pre­ceeding 5. 6. 7. 8. 9. & 10. verses, to determin all controversies & punish all Offen­ces whatsoever, according to the Lawes of God and that Kingdom; so he did by the selfesame regall Authority appoint Amariah, then chief Priest, over the Priests & Levites only, [implyed in the word You, not over the people of the Land] in all matters of the Lord, that is to Order, direct the Priests and Levites under him in their several courses, and all matters what soever concer­ning the worship, service Oblations, and sacrifices of the Lord, to be performed by them in the Temple at Ierusalem: in the selfesame manner, as he set Zeba­diah the Ruler of the House of Judah, over all the Kings matters; in the very next ensuing words? That is, (as all consent,) not over the people and Kingdome for to judge and governe them for that the Iudges forementio­ned were to do: but over his househould, Lands, Revenews as his Lord Trea­surer, or Lord High Steward of the Revenewes of the Crowne, as the comparing of it with [...] Chron. 26. 30. 33. (And of the Hibronises, Hashabiah and his Brethren, men of valour a thousand and seven hundred were Officers among them of Israel on this side Jordan westward IN ALL BVSINESSES OF THE LORD, & in the service of the King, &c. And his Brethren, men of Vallour were two thousand seven hundred chiefe Fathers, whom King David Made Rulers over the Rubenites, Gadites, and the halfe Tribe of Manasseth, for EVERY MATTER PERTAINING VNTO GOD and Officers of the King; joyntly: (therefore Church Officers made only by the King, and alterable at his pleasure, not by any Divine institution of God himselfe;) and the paralel­ling it with these explanatory texts, 1 Chron. 9. 10. to 35. c. 23. & 24. & 25. & 26. 2 Chron. 5. 7. to 14. c. 8. 14. 15. c. 13. 9. 10. 11. 12. c. 26. 16. to 21. c. 29. 3. to 35. c. 30. 16. c. 31. 2. 3. 11. to 20. c. 35. 2. 12. Ezra. 6. 17. 18. Neh. 12. 40. to 47. [Page 7] compared with Heb. 5. 1. 2. For every high Priest taken from among men, is ordained for men IN THINGS PERTAINING To GOD, that he may offer both gifts and sacrifices for sinnes, &c. insallibly demon­strate? And if so, then what Divine warrant is there from hence for any such Ecclesiasticall Jurisdiction distinct from the Temporall as many now contend for, from these two noted Texts? or for any Priests, Ministers of the Gospell, or Church Officers distinct from the temporall Majestracy, to exa­mine, correct any scandalous Ostences by a meere Ecclesiasticall power, or to punish them with Church Censures, disterent from civill punishments?

3. Whether the Priests Iurisdiction to judge of Lev. c. 13. & 14. all causes of Leprosie (no scandalous sin nor offence, but a meer naturall infirmity,) and that only a­mong the Jewes, yea as well in Houses, Garments, Vessells, [no subjects of Ec­clesiasticall censures] as Persons: or their proceedings in the case of Numb. 5. 12. to 31. Je­lousie, by vertue of expresse speciall Leviticall or Judiciall Lawes (the only cases wherein the Priests were appointed to be as Judges in the old Testa­ment, whose proper Office was,Exod. 30. 10. Leu. 4. and 5. c. 6. 7. c. 7. 7. 8.. Num. 8. 19 21. c. 15. 25, & c Hebr. 5. 1, 2. 3. to offer sacrifices and make attonement for sinnes, not to censure or punish them;] bee any infallible proofe of the Aaro­nicall Priests or Presbyteries Ecclesiasticall Iudicature or Jurisdiction to censure all spirituall Leprosies of the soule with Church censures? Or of the Ecclesiasticall jurisdiction of Presbyteries or Independent Congregations to judge or censure all causes of spirituall Leprosie, or scandalous offences un­der the Gospell? And whither wee may not as soundly argue from the Writ,Regist. f. 267. F [...]t. Nat. Bre. f. 234. De Leproso amovendo; and the Statute of 1 Iac. chap. 31. as they from these Texts; Majors, Bayliffes of Townes, Justices of Peace, Constables and other Officers may lawfully remove Lepers, and shut up persons infected with the Plague of Pestilence, Ergo, they may excommunicate and suspend from the Sacrament all such as are scandalously or notoriously infected with the Leprosie and plague of sin?

4. Whither, Deut. 13. 12, 13, 14, Josh. 22. 10. to 34. Iudg. 20. 1. to 18. 2 Chron. 19. 9. to 11. Ezra 10. 16, 17. [where we read of temporall Of­ficers, Princes sent and imployed Commissioners, as well as Priests, to inquire after Idolaters, Idolatry, rapes, mariages with heathenish Wives, and other Ecclesiasticall crimes] compared together, hee not a stronger Scripture evidence for proofe of the Parliaments, and Lay. Commissioners Authority, to enquire after, yea punish Idolaters and scandalous sinners; then any texts that can bee produced by the Presbyterians or Independents out of the Old Testament for probat of a divine right, either in their Classes, Pres­byteries or Independent Congregations to censure scandalous sins and sinners with Ecclesiasticall censures? And whither the Statutes of 26. Hen. 8. cap. 1. 31. Hen. 8. c. 10. [appointing a Lay Vicegerent in all Ecclesiasticall matters] 37 H. 8. c. 17. 1 E. 6. c. 2. 1. Eliz. c. 1. do not justifie such Commissioners to be legall as well as these texts, warrant them to be in some sort divine?

5ly. Whether there bee any precept or president in all the Old Testa­ment directly or punctually determining, that there was by divine instituti­on an unquestionable Ecclesiasticall jurisdiction vested by God Himselfe in Priests, Levites, or any Jewish Officers, to examine witnesses upon Oath, [Page 8] convent or censure any scandalous sinners by excommunication, or suspen­tion of them from the Tabernacle, Temple, publike Assemblies, Synagougs, Sacrifices, solemne publike Festivalls, or other sacred Ordinances for any scandalous fin whatsoever? If so, then what are these precepts, presidents, and scandalous sins in particular? And whether it be probable they had any direct authority given them by God [...]imselfe, to suspend or put backe any from the Sacraments of Circumcision, or the Passeover (which Baptisme and the Lords Supper now succeed) since both of them originally were or­dered to be performed in private, by the Gen. 17. 10. to 28. c. 21 4. c. 24. 22. 23 24 Exod. 12. 48. e. 4. 24. 25. 26. Luk. 2. 2 [...]. Iohn. 7. 22. Josh. 10. 2. 3. 7. Acts 7. 8. Parents or Masters of the Fa­mily, not Priests or Levites; and executed or eaten by them in their Exod. 12. [...]. 4, 15. 21, 40. [...]0 46. Mat. 26 17. to. 26. M [...]r. 14. 12. to 19. severall private houses, where the Priests and Levites had no Ecclesiasti­call jurisdiction that we read of, and were not present at these sacred actions unlesse onely at some few solemne generall Passeovers at Ierusalem, where they were but Ministeriall, to 2 Chro. 30 13. to 21. c. 35 1. to 20, Ezra. 6. 18. to 22. 1. Cor. 10. 1. to 8. compared [...]ogether. helpe kill the Passeover, and sprinkle the bloud, not Magisteriall, to keep any backe from eating thereof, by any pre­text of Ecclesiasticall Authority?

6ly. Whether Ministers or Presbyteries under the Gospell, have any o­ther or greater Ecclesiasticall jurisdiction then the Jewish High Priest, Priests, and Levites had under the Law? And whither Christian Kings, Magistrates have not as large an Ecclesiasticall power and Authority under the Gospell, as any godly Kings or Magistrates exercised under the Law? If you answer Negatively to the first, and affirmatively to the latter of these demands; then how can that Ecclesiasticall jurisdiction of Presbyteries or Congregations, and their power of Church-censures, distinct from the ci­vill Magistracy, be any way justified or maintained by the Scripture? If af­firmatively in the first, and Negatively in the latter, then shew us direct Scripture Authorities to convince our judgements of what you thus assert, or else give over your pretence of Ius divinum? It is confessed both by the Presbyterians, or Independents, and cleare by sundry See Questi­on 1. in the Margin. expresse texts, that Christian Majestrates are Jure divin [...], and have an undoubted divine Au­thority, yea command to punish and cut off all scandalous sinners, Psal. 100 5, 7, 8. Rom. 13. 1. to 8. Pro. 20. 26. Whether Presbyteries, or Indepen­dent Congregations, have any divine Ecclesiasticall right to punish them with Church censures, is very disputable and denyed by many. Therefore it is the safest, readiest way to Unity and Reformation, to remit the punish­ment of all scandalous offences to the civill Magistrate, rather than to the pretended disputable questioned a [...]hority of Presbyteries, Classes, or Inde­dependent Congregations.

7ly, whether there be any expresse texts in all the New Testament, and what in particular, which infallibly evince an Ecclesiasticall jurisdiction by divine right to be setled by Christ in all Christian Ministers. Presbyteries, or Congregations, & in which of them in particular, to continue unaltera­bly in all Churches of Christ to the end of the world, for the excommuni­cation or suspention of all kinds of scandalous persons from the Sacrament, though they externally pretend and professe their sincere repentance in ge­nerall? Or any certaine rules prescribed them in the Gospell, and in what [Page 9] particular Texts fo [...] the due execution of this jurisdiction in I am [...] hu [...]dreds of cases in Summa [...], [...], [...], [...] Co [...]se us, Th [...]. Ze [...]la; and other Canonists Tit, Ex com [...]: [...]nd others, [...]ch [...], [...] in ou [...] Presbyteries concerning excommunica­tions and sus­pentions, for the deciding whereof, there is no one rule nor Text in Scripture: Then how can their proceed­ings [...] be Jure divin [...]? all cases or scandalls that may happen? If not, whether it can probably bee imagined that Christ in his wisdome would erect, institute and vest an Ecclesiasticall Government in Church officers, without prescribing them any certain rules wherby to manage it in all particulars, and leave them to proceed in an ar­bitrary way, according to their mee [...] pleasur [...] con rary to Mat. 28 19. 20. If yea, then produce these texts to us for our satisfaction.

8ly. What rules or presidents are there in Scripture to re ieve parties grie­ved by unjust. Ecclesiasticall censures either by appeales or other wayes and to what superior Tribunals? If no such rules or presidents appea [...]e therin; (admitting Presbyteries, or Congregations Ecclesiasticall jurisdictions, censures to be Jure divino] then [...] by Go [...]s own Law wch pro [...]ides them no re [...]iefe, the parties injured must not remain remediles when most injuriously sentenced by any private Presbitery, Classis, congregation with­out any help or benefit of Appeale to Provinciall, Nationall Synods, Parlia­ments, or the Civill Magistràte? And if so: whether this wil not introduce as many absolute tyrannies, and arbitrary Tribunals, (against which we have so much contested of late) as there are Presbyteries, or Congregations: especially if we grant them a generall power of all things they themselves shall judge to be scandals, without confining them to particulars, or esta­blish their jurisdictions by a divine right, which no meer humane power or i [...]stitution can controll?

Ninthly, whither if Christ hath instituted or left any exact Ecclesiasti­call jurisdiction, discipline or power of censures to his Church distinct from the civill Magistracy and censures, this pretended jurisdiction, disci­pline or power be so absolute and sufficient of it self alone, as to be fully able to correct, redresse, reforme all abuses, scandalls, corruptions, and sup­presse all Heresies, Schismes, Errors, Vices, arising in every Church? If [...]ot, then we may justly suspect, it is no reall jurisdiction nor discipline insti­tuted by Christ, who would Deut. 22 [...] 2 Sam. 22. 31. Psal. 19. 7. 2 Tim. 3. 1 [...] institute and bequeath no incompleate, nor imperfect jurisdiction, judicatory, or discipline to his best-Beloved Spouse the Church: If yea, whither is that jurisdiction now contended for by Presoyte­rians or Independents, such? If so, then it is compleate, and every way selfe­sufficient without the concurrence or assistance of the Christian Magistrate or any temporall authority to assist, maintaine it, or supply its defects: But this none can truly assert nor affirme.

For First, no Pres [...]ytery, Classis, or Independent Congregation hath yet chal­lenged, nor can claim by divine right, any coercive power by way of attach­ment, imprisonment, or fine, to bring any party or witnes sommoned so much as to appeare before them, in case of wilfull neglect or refusall to appeare, or bee examined, to prepare any cause [...]or sentence.

Secondly, In case any Ecclesiasticall Censure of Excommunication or Sus­pention be inflicted by them upon scandalous persons after full hearing, if they absolutely contemne the same or refuse to conforme themselves, or by open violence intrude into the Congregation, Church or force the Minister to give the Sacrament to them though excommunicated or suspended.

[Page 10]Thirdly, In case any Hereticke, Schismaticke, or prophane person shall wil­su'ly separate from our Congregations, (as thousands now doe) refufing to communicate with us in any Ordinances, proclaming us to bee no Churches, and passe a schismaticall sentence of Non-Communion with us, by reason of some unjust exceptions or pretences against our Orthodox Doctrine, di [...]cipline, or forme of Government; and thereupon refuse to appeare before our Presbyteries, Congregations, or to submit unto their jurisdictions or censures; in all these and such like cases, the pretended divine Ecclesiasticall power, censures of Presbyteries, Classes, or Indepen­dent Congregations are at a Nonplus, & so defective, invalid of themselves [...] enforce obedience to such contumatious, or reduce, reclaime such here­ [...]icall, schismaticall, or prophane persons from their obstinacy, Heresies, Schismes and neglect of publike Ordinances, that they are enforced to pray in ayde from the Civill Magistrate by Capias excommunicatums, imprison­ments, fines, or other such civill compulsory means (the only effectuall course by way of censure used in all ages to suppresse, reform I am assu­red a speciall (much desi­red) active Committee to examine and punish the broachers of new blasphe­mous, Hereti­call Ana­baptisticall Errors, and gatherers of Schismaticall Conventicles, would more suppresse them in one month, then all Ecclesiasticall Judicatories in an age. See Iusti [...]ian: Cod. l. 1. Tit. 4. 6. 8. & Codex. Theod: [...]ib. 16. Where we find obstinate Here­ticks and Schis [...]naticks, by temporall Lawes thus punished and suppressed: 1. They were disabled to in­herit by discent, or to purchase any Lands; to buy, sell, make any contract, Will, or take any Legacy: to sue, or to be witnesses in any Court of Justice: to beare any Office, Civill, or Military; to bee pre­sent at any Councels or elections, or to List themselves Souldiers in the Army, whence they were cashiered when detected to bee such. 2ly. Their goods were all confiscated, or went to their next heires that were Orthodox: their persons banished, and in some cases imprisoned and put to death. 3ly. Their hereticall [...]ooks were prohibited and burnt, the Houses where they kept their Diurnall or Nocturnall Conventicles confiscated, if kept there, with the Owners privity or consent: If by the tenants privity without the Land-lords, if the Tenant were poor; then he was publikely bastanadoed or whipt, if rich then fined; and their Conventicles both [...]n Churches and private places prohibited, suppressed, under severe penalties By these meanes and censures alone Heretickes, Heresies, Scismaticks, have alwayes bin suppressed, re­strained in former [...]ges; but never by Church censures, which they both derided and contemned. See Frid: Lindebrogus Codex Legum Antiqu: Leges wisigothor, lib. 13. Tit. 2. Lex. 2. Neap. 1. Tit. 1. 2. Capital: Karoli & Lud. l. 5. tit. 183. Pauli Geschimij, Constit: Carolinae, Rubr. 3. 4, 5. with our own Statutes against Recusants, and Hereticks; And these wil be the only meanes to suppresse them now. Heresies, Schismes, and the only way to suppresse, redresse them now) without which all their Ecclesiasticall censures, are both contemptible, ineffectuall, and altogether insufficient to reforme abuses: So that if the Magistrates be Infidels, He­reticks, or Schismaticks, who will not; or prophane, negligent, timorous or licentious persons, who care not or dare not to assist the Presoyteries, Classes, or Congregations, in forcing submission to their Church processes, censures, they are so defective and ineffectuall of themselves, that none can justly call, or infallibly prove them to be the Kingdome, Scepter, Government, descip [...]ine and censures of Christ, whereby his Church must onely bee go­verned, purged, reformed, as some now pretend them to be.

10ly. Whither Matth. 18. 15. 16, 17. (if meant of Christian Presbyte­ries or Church-officers, as is pretended, not of the civill Magistracy or Jew­ish Sanhedrim;) gives any authority to them to proceed ex officio against notorious scandalous sinnes [as Idolatry, Blasphemy, swearing, drunkennesse, [Page 11] &c.) since it speakes not of any publike scandalous offences against God and the Church, but only of private personall So this word Trespas is used here, and in, Mat. 6. 14, 15: Luk. 17. 3, 4. Gen. 31. 36. cap. 50, 17. 1. Sam. 25, 28. Though some falsly aver it is never used in Scripture but for a trespasse or sin against God. trespasses between man and man, to bee proceeded against only upon the voluntary complaint of the party offended, after previous private admonitions, and then reproofes be­fore witnesses, yea, of such offences, which upon private satisfaction we are to forgive 77. times, without any publike complaint, or censure, Luke 17. 3. 4. Therefore not meant of meer publike scandalls, which no private man can remit, nor no Church or Presbyterie will grant that they ought to bee 77. times remitted one after another, without the least suspension or excommunication, upon meer externall shewes of Repentance: And whe­ther, thou hast gained thy brother, in this Text, be meant properly of gaining him to God by true Repentance, or only unto him who gaines him, by way of reconciliation, and renewing friendship, as the phrase it selfe, com­pared with Prov. 18. 19. intimates.

11ly. Whether, Acts 15. 1. to 36. where a Synod of Apostles, Elders, and Brethren met together at Jerusalem, to debate and resolve a dubious point of doctrine onely about circumcision, without exercising any act of discipline or Ecclesiasticall censure on any seandalous per [...]son, be a sound di­vine Authority, to evidence to any mans conscience, the Divine Right of Presbyteries, Classes, or Independent Congregations, to inflict Ecclesiasticall censures upon scandalous Delinquents, or to examine witnesses upon Oath against them, of which there is not one sillable in that Text?

12ly. Whether the precept of Paul, 1 Cor. 5. 13. for putting away from among them the incestuous person, written to this particular Church in this one case of Incest onely, against which heinous scandalous sinne, being then under Heathen Magistrates, they could not safely complaine to them of it without great scandall, nor go to Law before them for ordinary just civil things without great offence, as appeares by the very next words, 1 Cor. 6. 1. to 9. when as by the Law of God, had the Magistrates there beene Jewes or Christians, this sinne of Incest was to bee punished by them, not with excommunica­tion or suspention from the Church, but death it selfe, Leviticus 18. 8. c. 20. 11. 12. Be any satisfactory or infallible argument for the continuance and exercise of Excommunication, or Suspention from the Sacrament in all Churches of Christ in all succeeding ages in all other cases of sin or scandal, though the Magistrates in them be christian, and may, yea ought to punish those sinnes with death or other temporall censures, if complained of? VVhether those that presse this text, may not as well conclude from the very next words 1 Cor. 6. 1. to 9. that it is unlawfull for Christians to go to Law besore any Christian Iudges now, and that they must sue only before Presbiteries or Congregations for meer temporall matters, because Paul then commanded the Corinthians, not to goe to Law before heathen Iudges to prevent scandall, but only in the Church before the Saints, or such Iudges as the Church should appoint them? As inferre, that all Scanda­lous persons must be excommunicated and suspended from the Sacrament by Classes Presbyteryes, and censured only by them now, not by the Chri­stian Majestrate, because the incestuous Corinthian was then Ordered to [Page 12] be put away and pun [...]hed by the Church and Saints of Corinth, for want of a Christian Majestrate to punish him with death, or corporall censures? Yea whether they may not as Logically and Theologically argue from the very next chapter. 1 Cor. 7. 27. where Paul writes thus: I suppose therefore that this is good for the present distresse (or necessity) for a man not to touch a Woman, or marry; Ergo, it is lawfull, yea necessary for Christian men or Women in all ages, Churches of Christ to vow perpetuall Virginity, and not to mary at all, as the Papists thence inferre in defence of their Monks, Nons, and u [...]married Clergy. As reason from this text, That Paul in regard of the Corinthians present distresse and necessity for want of Christian Ma­jestrates to punish this incestuous, person with death and civill Censures ad­viseth the Church of Corinth, To put away from AMONG THEM­SELVES that wicked person; [or thing as some read it:] Ergo all Ministers Presbyteries, and particular congregations of Christ have a divine inherent Ecclesiasticall right and power in them to punish not only incestuous persons, but all other scandalous sinners with Excommunication, suspention from the Sacrament, & other Church-censures, even when & where there is no such necessity nor defect of Christian Magistrates, but sufficient s [...]ore of them both able and willing to punish such with civill punishments an­swerable to their crimes and scandalls? This is all that can be extracted from this text, whereon they most realy; Which must needs bee a grosse inconsequent, because no Apostolicall advice to any one particular Church upon a private extraordinary occasion and necessity onely, can or ought to bee a generall binding Law or Institution of Christ to oblige all other. Churches whatsoever in the like, or any other cases, where there is no such extraordinary occasion or necessity; As is cleare by one pregnant evi­dence in the 16. chap. of this very Epistle, c. 1. 2. concerning the Col­lection then advised to be made for the Saints, by the Corinthians every first day of the weeke, or weekely; which being but a particular advice and di­rection to this Church for tha [...] one Collection; isSee [...] [...]riumphing over falshoo [...] p. 155. 156. no binding Law or Rule to all other Churches of Christ strictly to imitate in all their ensuing Col­lections, as is evident by Acts 13. 28, 29, 30. 2 Cor. 8. 1. to 21. c. 9. 1. to 15. R [...]m. 13. 25 26. Phil. 4. 14. to 20. Else no Church could since appoint any publike monethly Collections on weeke dayes, but onely weekely Collections on the Lords-Day, under paine of transgressing the institu­stitution of Christ and this Apostle; which none dare averre: However, since the Apostle writes not here to any Classis, Presbytery, or Presbyt [...]r, but to the whole Church at Corinth; TO PUT AWAY FROM AMONG THEMSELVES, that wicked person: [that is, to se­clude him wholly from their Congregation, Church, company, and not so much as to eat with him at their Tables or keepe any company with him at all, as is evident by ver. 7. 9. 11.) not to suspend him onely from the Lords Supper of which there is not one syllable in this Chap. nor of any such sus­pention in the 10. & 11 chap. where he purposely treates of this Sacrament; we may very well question, whether it makes not more against Presbyteries and Classes divine power of Excommunication, and a bare suspention, [Page 13] of scandalous persons from the Lords Supper only, without secluding themAl [...]xa. A en­sis [...]um. [...] 4. q [...]. 21. 22. [...]otus in 4. [...]. 23 Thomas, [...], [...], Daran­dus, in 4. sent. dist. 18. p. [...] enchi­red Th [...]oli pars 5. c 1. from all other Ordinances and Church Assemblies as well as it, then for them; it being contrary to the very difinition & practise of excommunication hitherto knowne and used in the Church, to Excommunicate a notorious scandalous person from the Lord supper only once a Moneth, a quarter, a yeare, for feare of infecting others, and yet to admit him daily or weekly to joy ne with the Church in all other Ordinances but it alone: when all [a] Schoolmen Gr [...]tian Caus. 11. qu, 3. Summa An­gelica, & Ro­sella. Tit. Ex­communicati [...] Hostiensis Sum. I. 5: Tit. De Sentent. Excom. Ani [...] ­nius [...] Tit. Excom. Bochelius, De­cret. Eccles. Gal. l. 2. Tit. 14. Canonists resolve, t [...]at excommunication [especially that they call Major Excommunication] excludes men, not only from the Sa­crament, but likewise from entring into the Church, the society of men, prayers of the faithfull; and those who wittingly keepe company, buy or sell with such, are to be ipso facto excommunicated. Whereas many now pretend it should seclude men from the Lords Supper only, but not from any other Ordinance, con­trary to thi [...], to [2 Thes. 3. 14. 2 Iohn 10 11 2 Tim 3. 1. Tit 3. 10. 11. 3 c. [...] Iohn 10 Rom 16. 17 Iohn 9. 22. 32. 33 cap. 12. 42. c. 16. 2. Numb. 5. 2. 3. 4. c.. 21 14. 15 Deut. 23. 1. 2. 3] other Texts and all sound Antiquity.

13ly. Whether there be any ground or example at all in Scripture to en­joyne the Civill Christian Majestrate, in cases of obstinacy, contumacy a­gainst Church censures, inflicted by Presbyteries or Congregations to be­come a meere servant and executioner to Pre, byteries, Congregations or Church-Officers, (as the Pope and Prelates anciently made them.) to en­force obedience to their censures by imprisonment or other coercive meanes, without any particular examination of the merits of the cause, or justice of the procedings? Whether such Ministeriall executions of their censures, if admitted, do not necessarily subject the people to a double ju­risdiction, vexation, for one & the selfesame scandalous crime, which may prove more intollerably oppressive to them then the most exo [...]bitant coun­try Committees, or Prelats consistories, if not exactly bounded & subordinat the Majestracy to the Ministery, Presbytery and particular Congregations, in point of Authority? which if obliged by any divine Law to see Church censures executed and enforce obedience to them then certainly Christian Majestrates as such, must either be Church Offic [...]rs as well as Ministers, or Lay-Elders; the rather because all Precepts given to Majestrates them­selves in Scripture, are given only to suchSee Deutr. 17, 14, to 21 2 Sam 7, 8, c. 32. 1, 3, 1 Kings 17. 9. 2 Chron. 9. 8 c. 19. 5. to 11. i. to 13. Isay 49. 23.] Godly or Christian Majestrates who beleive, embrace the Scriptures, and are Members of a visible Church or Christian state, as such; not to any infidells or Heathen Majestrates, as heathenish, or meere Majestrates out of the Church (as some grosly mistake,) else they were not obliged by Gods Law to see Church cen. sures executed, obeyed, submitted too, if no Church officers.

14ly. Whether it be not more agreeable to the word of God, the Rules of Justice and more conducing to the Churches Peace for the Civill M [...] ­jestrate juditially to examine, punish, all pretended scandalous persons with temporall cen [...]ures and then if they still continue impenitent to certifie the proofs taken before him to the [...], [...] or Congregation, upon their request, [...]or their conviction t [...]ere to ground an [...]xcommuni­cation or suspention upon, if there b [...]e cause: then to [...]ive them im­mediatpower to examine all scandalls themselves upon Oath, without first acquainting the Civill Majest [...]ate with it, or desiring his [...] ex­amination [Page 14] of the scandalls, of purpose to subject them to Church cen­sures? Since wee read of no such Examinations upon Oath practised by Presbyteries, Church-Officers, or particular Congregations among the Jewes or Christians in Scripture: which if taken in writing and record­ed (as they ought to be, that so they may be produced, scanned upon Ap­peales) there must then be a particular examiner, or Register at least appoin­ted in every Presbyterie, Classis, and Provinciall Synod to record them; for which they will expect a constant Fee from the Church or State, or an answerable recompence from the parties accusing or accused; which cannot be setled without Act or Ordinauce of Parliament (being new Fees and Offices) and so it will draw a very great unnecessary charge (farre greater then that of Bishops and their Officialls) upon the people, which they wil very unwillingly beare. In which regard it is fitest the civill Majestrates or Justices of Peace should only take the Examinations, of scandalls as they do in cases of Felony and other crimes, and certify them to the Presbyteries, or Classis, as there shall be need.

15ly. Whether it be not both unjust and unreasonable to presse the Par­liament to settle any kinde of Church-government as prescribed Iure di­vino, before it be clearely demonstrated or manifested to their Iudgements consciences to be so, by perspicuous undenyable proofes from Scripture? Or to importune them to grant any unlimited arbitrary power to Classes, Presbiteries, or Congregations, to judge of unknowne contingent scan­dals, (never yet thus censured from Adams or Christs dayes til now] before they can so much as conjecture what they are, or where ever they will bee perpetrated in our Churches? since offences always use to Levit. 24. 10 [...] 27. Num. 15. 32. 37. preceed Laws made to punish them; and, ex malis moribus optimae oriuntur leges, as all Po­lititians have resolved? Whether the demanding of such an unlimited power to be now established, be not as bad yea more unreasonable then the late Prelates, &c. Oath (most justly damned declaimed against,) and savors not more of wilfullnes then Conscience, of the spirit of 3 John 3. 9. 10. 11. Diotrephes, then of Christ, of whose Kingdome some pretend it to bee a most necessary and inseperable Branch? And whether any Prophet, Apostle, Godly Presby­ter, privat Congregation or Classis, in the primitive Church, ever sollici­ted their Princes or Parliaments for such an exorbitant unlimited power?

16. Whether Christian Princes and Majestrates See Institu Cod. l 1. Tit. 7. De Episco­pali Audien­tia Capit Ca­roli et Ludo­vic Jup. I. 6. cap. 301. 313. 314. 322. 323 326. 330. lib. 1 throughout. Leges Wisi­goth I. 2. c. 29. 30. indulging of over-much power, Honour, and Ecclesiasticall Authority in point of Iurisdiction, Church Censures, and Excommunication in former ages to the Clergy, under this apprehention, perswasion, that they were most pious, conscientious, ho­ly, moderat, just and humble persons who would exercise it for Gods Glo­ry only, and the Churches good; hath not beene the true Originall cause of all that Antichristian Tyranny, Persecution, exorbitances, of Popish Pre­lates, and Clergymen, which have over-spred, corrupted, infested the Church and people of God? And whether former examples of this kinde may not justly lesson us to beware of the like Error for the present; though our Ministers who claime this Ecclesiasticall Iurisdiction now contested for by a Divine Right be never so Godly, upright, discreet, humble, consci­entious, since we know not what many of our Ministers, Elders, who must [Page 15] exercise it in the Country are for the present; or what the best of them all or their successors at least may prove for the Gen. 3. 5. 6. 3. Iohn 9. 10. future, Mat. 20. 20. to 29. Luke 22 24 to 31. (ambition being a Acts 20. 29. 31. mans first sinne and most pleasing to our corrupt Natures; as we see by the2 King 8. 12. Eccles. 2. 19. .8. example of See Philip de Morney his Mistery of ini­quity, Carolus Molinaeus, Commentar: in Edict: Henrici secundi, &c. contra parvas datas, &c. Ab­bas Uspergensis Platina & Balaeus de vitis Pentifi­cum Romano­rum: Grimstosn Imperiall Hi­story. Christs owne Apostles, and daily experiences every where) especially when they have engrossed more Ecclesiasticall power into their hands by pretext of a Divine Right, then ever the expresse Law of God, or Christ Himselfe in his Gospell hath delegated to them. It is very obser­vable, that while the (o) Popes claimed their Papacy and Superiority over other Churches by grants and donations from the Christian Emperors of Rome, they were very humble, loyall, and obsequious to them. But after the long enjoyment of their transcendent jurisdiction by imperiall donations had so far puffed them up with pride, as by degrees to desert their true an­cient claime, and challenge both their Papacy and Supremacy by a divine Right from Christ Himselfe, by wresting divers Scriptures to their purpose, (and some of those among others which our Divines now principally insist upon,) they presently cast off both their subjection & Loyalty to the Em­perours at once; & so prosecuted them with Excommunications, Interdicts suspentions, rebellions, force of Armes, and parties raysed against them in their owne Empires; that at last they quite trampled them under their feete, disposing of their Crownes at pleasure, making them sweare solemne homage to them as their Vassalls, and to hold their Impe­riall Crownes from them alone, who formetly did homage to, and held their Bishoprickes, with all the Papall Jurisdiction they enjoyed onely from them: Yea if our Presbyteries, Classes or Independent Congregations shall be admitted to hold and enjoy all the Ecclesiasticall Jurisdiction they now pretend to, by a Divine Right; and the Parliament their power, au­thority, only by a meet humane Institution, and not by as cleare a Divine Right as theirs; the next consequence I feare will be (and we see it already maintained in some Mr. Ru­therford. Presbyterians, and more Mr. Iohn Goodwin. Master Henry Burton. Mr. Saltmarsh. Mr. Robinson. Independents printed Bookes;) That our Parliaments, Kings, and temporall Majestrates must have nothing at all to do with Church Officers or Church Government by way of direction, correction, or appeale, but meerly as their subordinate Ministers, to ratifie their determinations, and enforce obedience to their censures; which if they neglect or refuse to doe, or stop their proceedings by any Prohibitions, or legall course, for ought I know, when their Divine pretended Authority is setled to their mindes, the next thing they shall heare of will bee; that which our Kings, Iudges, and Officers did heretofore from our Clergy in Archbishop Lindwade, Provinc. l. 5. Tit. de Paenis f. 226. &c. 10, de Aton Const. f. 138. to 142. Boniface his time, when they opposed their extravagances, even a serious admonition to obey their Dictates, and after that an Interdiction of all their Lands, Castles, Townes, with a suspention of them from the Sacrament, or excommunication from or Non-communion with their Congregations for this Contumacy: And then Lord have mercy upon us miserable sinners, we may sooner bewayle then remove that spiritual Yoak of bondage which we thus suffer voluntarily to be imposed both on our owne and others neckes. It being a very difficult taske and work of many ages to moderate, abate, regulate or suppresse any [Page 16] Ecclesiastical jurisdiction, though never so exorbitant, especially if once le­gally setled, or but incroached by coulor of a Divine Right, as we see by the Papacy, and our late exploded Prelacy.

I shall therefore close up all with the Apostles seasonable advice, Gal. 5. 1. Stand fast therfore in the liberty wherwith Christ hath made us f [...]ee and he not againe intangled with any Yoake of Bondage, which Christ Himself hath not imposed on us by a cleare and evident institution in his word: Christs Math 11. 30 Yoake is easie, and his burthen light, to which all people must with cheere­fulnesse submit: if the Presbyterians yoake, in suspending men from the Sa­crament for all kind of supposed scandalls, though they professe unfained pe­nitence for al their sins, & earnestly desire to receive it; or the Independents Yoak, in non-admitting or secluding those from their Congregations whom they judge not reall Saints, or will not subscribe to their private Church Co­venants, (without any expresse precept or president in Scripture, to war­rant these their practises, proceedings) bee not such, we may justly sus­pect and reject them too, as none of Christs.