Quaer. 1.

WHether the Ordinance it self be not con­trary to the known Lawes, and other just claims of the Subjects of this Nation,) as Magna Charta and the Petition of Right) for the preservation of themselves, their rights, and proprieties: For that by them (as we are informed) no Subject ought or can be ejected out of his possession or lively-hood, unlesse such an ejection, or dispossession be first legally procured by vertue [Page 32]and power of some established Law or Act of Parlia­ment, constituted and consented unto by the Supreme Governour, and the representative of the Subjects, the Parliament.

Quaer. 2.

Whether, if an Ordinance made by the Protector and his Councill, for the ejecting of Ministers out of their Livings and and lively-hoods, be owned since submitted unto, as authority sufficient for the so do­ing, The late King and his Councill be not thereby superabundantly justified against all those late Com­plaints of the pretended illegallities of their Acts, de­crees or orders made by them at the Council board, in far inferiour cases to this of possession and lively­hood, and instanced in by the late Parliament, as grand grievances of the Subjects, and an introduction of ar­bitrary power, at least an endeavouring to bring West­minster Hall to Whitehall.

Quaer. 3.

Whether by the same authority, an Ordinance may not be made, for the ejecting or sequestring of any other Subjects of England, (even the Commissio­ners, authorized by this Ordinance themselves, as well as any) that shall, by other Commissioners no­minated for that purpose, be found guilty of some of the same, or of any other crimes, that by such an Ordinance shall be reputed crimes.

Quaer. 4.

Whether the same Powers that made this Ordi­nance, when they have judged such and such crimes in Ministers to deserve the ejection of those that are [Page 33]guilty of them out of their Lively-hoods, ought not in equity and conscience as in a true sincere detestation of those sinnes, in whomsoever they finde them, to constitute and appoint also some Commissioners in each County to censure severely and punish sharply all the same, much more far greater crimes in others, be­sides Ministers. For surely, though the same crimes be greater, when found in Ministers, then in others: yet sinnes of that high nature, as to deserve to be punished with no lesse then ejection, when found in Ministers, cannot but be so great in themselves, as to deserve some proportionable punishment, when they are found in others, especially in magistrates, and men of place and authority.

Quaer. 5.

Whether the Lord Protector's Successour may not with as much equity make another Ordinance for the ejecting of all those, both Clergy and Lay-men, out of their estates and livelyhoods, who have been active in this Commission of ejecting Ministers, or otherwise guilty of any other crimes, which shall by him and his Councill be judged crimes and worthy of ejection? And whether this present Ordinance may not prove an unhappy president to that purpose, not to be spo­ken or whispered against by any that submits to this.

Quaer. 6.

Whether his Highnesse, by imparting so much power to any five Commissioners in every County, as is by this Ordinance imparted, without admitting of any appeal from their Judgement either to himself, or to his Council, or to his Judges of Assises, or to any [Page 34]of his Courts in Westminster, may not thereby, ere he is aware have all or the most of the Livings and Cures in in every County, voyded and emptied of such Ministers, as are at the least contented to submit to his Government, and to live quietly and patiently un­der it, without attempting ought against him or it, And instead of such, to have them filled again with such Pro-ministers, as will neither be contented with his government, nor with any other? And what con­sequents or effects may soon follow thereupon in this factious and divided Nation, wherein (besides Jesu­itick Papists, who are enemies to all Governours, but those of their own leaven) such multitudes of Ana­baptists, Quakers, and other Hereticks, that are ene­mies to all Government, are lately crept up to a con­siderable strength, may be too soon felt, and to late thought on. His Highnesse cannot but remember, what a dangerous designe it was not long since thought by wise men, for some Commissioners to have power to buy in Impropriations, and to recommend Ministers to them, or to inlarge their Livings by them, (though admitted by Bishops) only, for that it was conceived that those Commissioners would thereby obliege the Ministers in such cures too much to them.

Quaer. 7.

Whether in all penall Acts or Ordinances for the punishment of any Crimes or offences, it hath not been the constant practice of the Law-givers of this Nation, and so ought in Conscience ever to be. That no such Act or Ordinance should commence or begin to be of any force, till there had been first some fair warning [Page 37]given to all the Subjects of the Nation, to beware for the future, after such or such a time, of committing such or such a crime or offence: And for that cause, the tenour of such penall Lawes did constantly runne in these or the like termes. Be it enacted and constituted, &c. That if any man shall, after such a day in such a year, do thus or thus, then he shall suffer so and so: In Gods own account (who hates sin with an infinite ha­tred, above what any man can do) where there is no Law, there is no transgression, for sin is a transgression of the Law, and where there is no transgression there ought to be no punishment: and although the transgres­sing of Gods Law by any crime or offence, be a fault meriting punishmēt from that Power, which is ordain­ed by God to be a revenger to execute wrath upon him that doth evil, yet 'tis worth the questioning, whether any such Power may or ought to punish any transgression of Gods Law with any punishment, till he have given the people under his power warning thereof. and then too, 'tis much more disputable, whe­ther he may, by any Law, punish any transgression of Gods Law with any punishment, that God hath not prescribed in his Law, before he have given them war­ning of such a punishment, or rather it is not to be que­stioned at all, it being clear that he ought not, there be­ing no Law of God or man, that can in equity be of any force to punish till it be a Law, and therefore may not punish for what was done before it had a be­ing with a punishment, to which it self onely gave the force of being a punishment to that offence or transgression.

Quaer. 8.

Whether the making of an Ordinance by any Pow­er for the punishment of crimes committed before that Ordinance was made, and that where no such pe­nalty was ever before by any Law in force inflicted, Be not a rendring of every Subject unsecure in his estate, body and life it self, be he never so obedient to all Laws, and punctually carefull to observe them; When as, for ought any man knowes, that which he did, sometime since, or now doeth, and had then, and hath now, no penalty at all inflicted upon the doing it, or but a light one, may, within a little time after, be reputed and adjudged by the supream power a crime worthy of the forfeiture of his estate, or the imprisonment or other torture or torment of his bo­dy, or the losse of his life it self, and accordingly he may suffer either in one or all of them.

Quaer. 9.

Whether the Commissioners appointed by the Ordinance to hear and determine concerning the e­jection of Ministers and the charges and accusations brought against them, Be such as in Law and right reason ought to be authorized for that pur­pose.

First, because they are all secular or Lay-men; (for the clergy Commissioners that are nominated are but Cyphers, and have no power by the Ordi­nance to meddle in any thing, save in the inquiring and judging in part who are ignorant and insufficient.) For although we Ministers of the Reformed Religi­on of the Church of England do acknowledge our [Page 37]selves subject to the secular power, yet we have e­ver, till these times of our deep sufferings, had so much Priviledge and immunity granted us by our Re­ligious Princes and Parliaments, as that we have per­pettually had our Ecclesiasticall Judges to heare and de ermine all, or the most Ecclesiasticall causes and af­faires as weas our temporall judges in all civil. And when wel were judged by temporal Judges, they were such learned and approved prudent and upright men, or at least thought to be such, when they were cho­sen to that weighty and honourable imployment, as that they were intrusted with hearing and determining all matters of Civile Judicature throughout the whole Realme, and least interested in those severall Coun­ties and Circui [...]s wherein they were assigned Judges.

Secondly, because they are, many of them, such Lay-men, as have abundantly declared themselves very great dislikers of, if not enemies to those Clergy men of whom they are made Judges; and some of them have given too much occasion to be reputed Antiministers, and such as doe not either love or allow the very office and function of Ministers.

Thirdly, because some of them, and they of the Best rank from whom Ministers might hope and ex­pect to receive the most justice and legall favour, may be feared to be put into Commission, not so much for acting there in themselves, or to restrain and mo­derate others over-activenesse and violence, as for the countenancing those other Commissioners that are most inferiour, and known to be very active and [Page 38]violent against Ministers. For that some of them are made Commissioners, whose places and offices re­quire their constant attendance on his Highnesse, or nere him in some of his Courts at Westminster: And others are made Commissioners for severall Coun­ties, in all which t'is impossible for them to exercise that power, or but very seldome. And some also of those Commissioners in some Counties, if not in the most, will be very unwilling to act in such an im­ployment, being yoaked with such inferiour and o­therwise generally distasted coassessors, as they know some of them to be. And so for these and some o­ther reasons, the whole power and authority, at least the principall if not the sole exercise thereof, for the ejecting of Ministers will be devolved into the hands of some few in every County, whose justice and moderation, the best of Ministers have reason to sus­pect.

Fourthly, because too many of such a numerous Synedrion of Commissioners may have children, kindred, or friends, whose want of a Living, or de­sire of a better, may too much byas those Commissi­oners in their Judgements, especially against such Mi­nisters as have good Livings.

Fifthly, because divers of those reputed scandalous crimes, whereof those Commissioners are to judge, are not properly within their Cognizance, nor indeed within the sphere of many of their understandings. As what is cursing and swearing, properly so termed, and what is not, what is Drunkennesse rightly so cal­led, and what is not; what is a prophanation of the [Page 39]Lords day, and what is not, what is the true profes­sion of Religion and godlinesse, and what is not, and who are the strict professors thereof and who are not, what it is to scoffe at or revile the profession of Re­ligion or the strict Professors thereof, and what is not, what are such licentious practises (besides Whitson-Ales, Wakes, Morris Dances, May-poles, and Stage-playes) as do incourage men in a loose and prophane conversation, and what are not. For often experi­ence tells us, that some account bare assertions so and so framed to be oathes, and others think those that are oathes to be none: some repute the drinking more than quencheth thirst to be drunkennesse, (and here in Norfolke hath been already oath made by a man of no inferiour quality, that a Minister was drunk, because he smelt of drink, and his tongue did falter: by which t'is clear that he neither knew what it is to be drunk, nor what it is to swear one so to be) and others say a man is not drunk, till he be wholly deprived by his excessive drinking of his reason and understanding in the use and exercise of it: and the most learned Judges in the Law have differed very much in their Judgements about it, as well as the Ca­suists in Divinity. And for the prophanation of the Lords Day, Some, and they not a few have accoun­ted the dressing of any meat, or the doing of any other ordinary work, or the using any common talk on that Day, to be a prophanation of the Day: Others, that would not like it well to be thought prophane, have to their power maintained both by their practise and otherwise, that the working on their trades, or the [Page 40]buying and selling in publick markets on that Day (especially if it be not in the hour) of publick prayer and preaching) is no prophanation of the Day. But for the scoffing at, or reviling the strict profession or professors of Religion or Godlinesse. There are so many severall factions, that claim the profession of Religion and Godlinesse to themselves, and to those only of their faction, that the true Reformed Pro­testant Religion (which is the most sound, sincere, true Religion in the world) is by them not vouchsafed the name of Religion, but made the scorn and con­tempt of them and theirs; and the true professors thereof are become the chiefly persecuted men of the times. So that now, if any zealous Elijah shall but use any holy Sarcasme against any one of these numerous factions, much more reprove any of them for their folly and frenzy, he may be accounted by some of his Judges a scoffer at, or a reviler of the strict profession, or professors of Religion or Godlinesse, as we in this County have already a sufficient example thereof, where a very grave, prudent, conscientious Minister (as he is generally voyced) hath been convented for scoffing at the professors of Religion, because he spake against hypocrites, understanding by them (as the witnesse upon oath said he believed,) the Godly and religious. Then for other licentious practises, besides Whitson-Ales, Wakes &c. by which men are incou­raged in a loose and prophane conversation, They may (for ought is known to the contrary) be exten­ded and interpreted by some five Commissioners, as comprehending all games, sports or recreations of [Page 41]youth, how innocent soever: And that Minister that will not joyn with or assist some indiscreet ignorant Sectaries in their interdicting or disturbing the youth of his Parish, in any such game, sport, or recreation (though he can or do alledge more reasons for it, then they or any of their sect can answer) may be judged an incourager or countenancer of men in loose and prophane conversation.

Sixthly, because it is as irregular and improper (if not more) for Lay-men to be Commissioners in Ecclesiasticall causes and affairs, as for Clergy-men to be commissioners in Civil. And it may, without any derogation to any on the one part, or ostentation of any on the other, be very well presumed, that there may be found in every County divers Clergy men every way as fit and able to be Commissioners of peace, as many Lay-men named in the Ordinance, are to be Commissioners in the present Commis­sion.

Quar. 10.

Whether the joyning of so many Ministers with the Lay-Commissioners, and giving them no autho­rity at all to act, unlesse it be in declaring and ad­judging in part, who are ignorant and insufficient (which is as nothing, such Ministers being more secure then the most knowing and able; unlesse we could imagine, that some of the Clergy-Commissioners themselves will be brought to the test and tryall) Does not, even by that, as well as by other mediums, apparently discover to all seeing eyes, that the design of those, that first suggested this Ordinance to his [Page 42]Highnesse, is utterly to ruine and extirpate the whole Protestant Ministry of England, the long laboured design of the Jesuits, but never so much to be feared as now. And for the full accomplishment thereof with the more security of Ministers and the lesse suspi­cion of others that love them; they thought it re­quisite to have so many Ministers in each County na­med in the Ordinance as Commissioners, that so it might be presumed, that seing there were so many Ministers in Commission, they would not suffer any of their own tribe or calling to be ejected, but such as highly deserved it, and of whom there should be little or no hope of reclaiming. But then those Ministers so nominated must have no power at all allowed them, more then to tickle them, and blinde others, with the empty title of Commissioners, (though they had known too many of them to have been a­ctive enough formerly in the ruining of others of their Brethren) for fear least some even of those a­ctive ones, having seen the sad effect of that their for­mer activenesse, and had some remorse of conscience for it; (which is my constant prayer, that they may have, if they have not) and being thereupon become of more bowels and compassion towards the rest of their Brethren, as well as more sensible of their own approaching ruine (for they that persecute Ministers, though it be at the first by the assistance of Ministers, will not willingly leave any Ministers unpersecuted, no not those, that have so assisted them) should now begin to consider better what they doe; and not consent or yield, that any Minister of any good­nesse [Page 43]and worth (though unhappily guilty of too many infirmities, as who is not?) should be ejected or displaced, and so undone and ruined, whom they could deliver from the malice and pow­er of their persecutors, the perfect haters of all Mi­nisters.

Quaer. 11.

Whether the carefull joyning of five Commissio­ners of the Laitie, at the least, with five or more Com­missioners of the Clergy, in the case of ignorance, and insufficiency, (the onely case wherein the Commissi­oners of the Clergy, have ought to do) or rather the giving of the five Comissioners of the Laitie the chief power in that case also, and making the Clergie Com­missioners onely their assistants therein, may not be suspected to have been contrived in favour to those justly ignorant, insufficient Mechanicks and o­ther illiterate Laicks, that have lately either crept in or been thrust into severall Livings or cures of Souls, and for the preserving them from Be­ing ejected for their grosse ignorance and insufficien­cy. For otherwise, if whomsoever the Clergy Com­missioners, though five, or ten, or more, should judge to be ignorant and insufficient, ought to be reputed so upon their so judging, it might have been feared, that the most of those Idol Shepherds must have re­turned to their old trades again; and many more, that are gaping for other Ministers Livings, would not adventure the so filling their unhallowed mouthes, least an after examination should force them to throw them up again, ere they had well swallowed them: [Page 44]And so the people of such Parishes should murmur and complaine for want of Ministers, or some things instead of them. Whereas now, if any such should be judged never so ignorant and insufficient by the Clergy-Commissioners, they have not much cause to fear, but that their brethren of the Laity, being some as ignorant as themselves, will be more favou­rable to them, and preserve them from ejection rather then any, as being fittest to converse and comply with them, or to be servants and slaves to them, without any gainsaying or contradicting whatsoever they say or do.

Quaer. 12.

Whether it be not against both the Lawes of God and man, that the Oath of one witnesse with other concurrent evidence of the charge &c. (as is by this Ordinance constituted) should be received as a suffici­ent testimony for the ejecting of a Minister out of his Living or Cure of souls? whereas an accusation ought not to be received against an Elder, under two or three witnesses. 1 Timoth, 5.19. And one witnesse is by Gods expresse command forbidden to rife up a­gainst any man, for any iniquity or for any sin, or but at the mouth of two witnesses, or at the mouth of three witnesses the matter is to be established. Deut. 19.15.

Quaer. 13.

Whether that Law of God recorded, Deut. 19. from ver. 16. to the end, (namely, That if a false witnesse did rise up against any man to testifie against him that which is wrong, and the Judges upon inquisition (which they by that Law were [Page 45]bound to make) did find that the witnesse was a false witnesse, and had testified falsely against his brother; They should then do to him as he had thought to have done unto his brother. And so (not otherwise) they should put away evill from among them, &c.) close not in the equity of it, if not in the very precept, (as farre as it may possibly be observed) oblige us Christians to this day: And whether that Law ought not to be more especially observed and put in execution in case of a false witnesse rising up against a Minister; and above all, in this particular case; wherein the testimony of one witnesse is to be received against a Minister, for the ejecting him out of his Living. For if a false witnesse were so to be punished, when the testimony of one false witnesse could do no man any hurt, unless another or two more did conspire with him in the fame testimony much more then now in this case, when the testimony of one such witnesse may ruine a man. And if a false wit­nesse, of what ranck soever he were, was to be so severely dealt with, when he rose up against any man, though never so much inferiour to him, and testified falsely aganst him; though perhaps only that man, against whom he so testified, were injured thereby, or some few others; How much more then should the extremity of that punishment be inflicted now; when any base inferiour fellow may, by rising up and bear­ing false witnesse against a Minister of the Gospell, ut­terly ruine, not onely that Minister, but his whole Fa­mily, and do no small wrong to his whole Parish or cure of souls, and to the souls of many others besides.

Quaer. 14.

Whether, If the testimony of any one man, with somewhat else, which five Commissioners shall judge to be concurrent evidence, be sufficient to eject any Minister, It may not be evidently and visibly foreseen; That now such a door of hope to ruine Ministers is opened, and such an easie way chalked out for the ac­complishing it, there will suddenly be very few mi­nisters left in England to exercise their ministery; e­specially considering the professed distaste and hatred that hath of late been openly proclaimed and publish­ed by severall numerous factions, and hereticall and schismaticall combinations, against the ordination, or­der, office, and settled maintainance of Ministers. As, that all that have been ordained by Bishops, are Antichristian; That the orders and degrees of Ministers, and the power and authority, that they pretend to have over others of their Brethren the people of God, is a mere usurpation: That their of­fice and function is needlesse and superfluous; And, which hath the most abettors, That their Tithes and settled maintainance, which God and the Lawes have given and confirmed to them, are Jewish, Popish, and unjust.

Quae. 15.

Whether, if such testimony, and such concur­rence of Evidence, as was instanced in by the last Quaere, be sufficient to eject any Minister, either a mans own Minister, or any other, The most pi­ous, orthodox, laborious, conscienscious Ministers, that are, which do most stoutly oppose Hereticks and [Page 47]Schismaticks, most severely reprove sin, most power­fully incite to holinesse, and most religiously con­forme their own lives to their doctrines, be not there­fore (considering the Devills and wicked mens malice against such) more subject to have some criminous accusation or other brought against them, then other Ministers, that are more obnoxious themselves, but withall lesse earnest against the vices of others? And so whether this Ordinance which is pretended to be constituted for the more effectuall propagating the Gospell and the settlement of a painfull Ministery in this Nation, will not in probability, prove a grand hinderance of the liberty of the Gospell, and a strong temptation to the Ministers thereof, to forbear their crying aloud, and not sparing to tell the people their sins and their transgressions, and to choose rather to preach only smooth things unto them, that may hu­mour and please them, And so both Ministers and people to perish together in their iniquity.

Quaer. 16

Whether that clause, To proceed to the examinati­on of witnesses upon Oath (if the cause require) as well for and on the behalf of the person accused &c. as for proof of the said Charge, Articles &c. Does not leave it to five Commissioners will and pleasure, whether they shall think it fit to examine any witnes­ses, either on the Ministers, or on the accusers part, upon oath, or no. And if so; whether such an arbi­trary, unlimited power and Commission was ever granted by any Christian to be exercised over Christi­ans, or by any sober Heathen, over Heathen or Christi­ans.

Quaer. 17.

Whether that close couched proviso, of allowing all necessary charges incident to the ejecting, seque­string, or removing of Ministets, Be not too great an incouragement, as well as temptation, to the enemies and adversaries of those of that sacred function, to rise up against them, and to appear either accusers of them, or witnesses of such accusations, how unjust soever? When our Saviour Christ, in sending forth his disci­ples did forewarn and forearm them, and in them all other dispensers of his Gospell, against revilings, per­secutions, and false accusations, amongst other argu­ments that he used, he told them, that so the world persecuted the Prophets, so that, his Prophets, his Apostles, his Ministers, in all Ages, have been and shall be reviled, persecuted, and falsly accused; And needs must they be so in this age above other, if a re­ward be allowed them that shall do it, and they, who should keep off the Ministers (as much as in them li­eth) from being so injuriously charged, shall allow them their Charges, that deal so with them. The Ministers of the Gospell are sent forth, as Lambes into the midst of Wolves: and if those shepherds of the people, that should defend those Lambes from such Wolves, shall allow such wolves some of those Lambes bloods for worrying them; 'tis the infinite mercy and providence of that great Shepherd, that all those his Lambes are not devoured; for 'tis not their serpentine wisdome, nor done like innocency that can protect them.

Quaer. 18.

Whether if we consider the pronenesse of man in [Page 49]generall both to swear and swear falsely, when it may either satisfy their malice, or otherwise conduce to the obtaining their base ends; as also the great and horrid violation of oaths and covenants, that this our Nation in particular is guilty of; together with the desperate Atheisme, and damnable practice of common swear­ing, that abounds in all parts thereof; and all these added to the other arguments before hinted, It be not much to be feared, That this ordinance for the eject­ing of Ministers for perjury and subordination of per­jury, will, by its admitting of such witnesses against Ministers, as it admits and incourages, instead of find­ing and punishing one Minister guilty of those abomi­nable crimes, occasion many hundreds, yea thousands of other men, whose souls ought to be more regard­ed, wittingly and frequently to run into those soul­destroying abominations? And who shall answer for them?

Quaer. 19.

Whether, all those things deemed and reputed by this Ordinance to be crimes, and such crimes as are so scandalous, that every Minister, that is guilty thereof, must be ejected, be any crimes at all, or so much as sins, or not. As first, those often disputed and diversly de­termined games of Cards and Dice; provided that they be onely for recreation, and for no wager or sponsion, or for no other, then what is neither preju­diciall to the looser in his estate, nor detrimentall to any that he is bound to provide for, and that there be no provoking of either gamester to intemperancy of language or disturbance of passion, Secondly, that long continued, universally approved, and often subscri­bed [Page 50]to use of the Common prayer book of which I have elsewhere in my Petition to the Parlia­ment, humbly declared my Judgement, and for the vindicating whereof, I shall willingly undertake what shall be required of me.

Quaer. 20.

Whether those crimes which are justly so reputed, but are already punishable by other Laws, or by such Acts, as are for the present reputed Laws, with very much severity (as, amongst other named or referred to by the Ordinance, that crime of Adultery, which is by a late Act to be punished with death, as well in Mi­nisters as in others) have not a sufficient punishment already set or provided for the Committers of them, I before this Ordinance of ejection came forth?

Quaer. 21.

Whether the making Adultery in a Minister to be punished with ejection shall free him from suffering the other punishment of death inflicted by a former Act: or must a Minister be punished with both: or, because the Act for punishing Adultery with death was so cau­telously and warily framed with such restrictions and proviso's, as that 'tis a question, whether it will make men more fearfull or more secure in the commiting it, by reason of the extreme difficulties of proving any guilty of it so as that Act requires: As there was good reason it should, because it concerned the lives of men, and those especially, men of other rancks and degrees, and of other Callings and Professions, more than Mi­nisters. And therefore there must be some other course taken for the finding Ministers guilty of A­dultery with much more case and facility; or else it [Page 51]would be in vain to mention that crime. And to that purpose it is by this Ordinance constituted, That if but one witnesse, whosoever he be, will but swear that any Minister did commit Adultery, and something else be produced that five commissioners shall judge to be concurrent evidence, the poor Minister must be repu­ted guilty of Adultery and so ejected. But then from hence ariseth another small question, whether such a Minister that is so judged to be guilty of Adultery, be indeed gnilty or not? For if he be not, why is he eje­cted? And if he be, why is his life spared? Or why may not the Act take away, what the Ordinance leavs him? And so indeed the poor Ministers themselves may be speedily provided for, when they are so eject­ed though their wives and children may starve out a while upon some poor pittance, that the Commissi­oners shall perhaps allow them, though there be no provision made for them in case of their husbands or fathers deaths.

Quaer. 22

Whether the Committing any one of those crimes, truly so adjudged by the Ordinance, some years be­fore; and after true unfeigned repentance since the Committing it, so that the Person guilty of that crime hath not only the guilt pardoned by God, but Gods promise also, that it shall not be mentioned unto him, Ought notwithstanding to be punished with ejection of the same person out of all his Livelyhood.

Quaer. 23

Whether the being guilty of any one or more of these crimes be a ground sufficient to deprive a Mi­nister of exercising his Ministeriall function and those [Page 25]abilities which God hath given him, and which he is bound to exercise, with no lesse then a dreadfull woe denounced against him, if he do not. And up­on whom shall that woe light, if the Minister be forcibly debarred or hindred from the exercise of them?

Quaer. 24

Whether a Minister, guilty of one or more of these crimes, may not (notwithstanding his guiltines there­of) do God good service by his preaching and dispen­sing the Sacrament to those that are willing and de­sirous, for all that, to partake of those Ordinances dispensed by him. Or whether the virtue and efficacy of those ordinances do so depend upon the goodnesse and badnesse of the dispensers thereof, as to be effica­cious or not efficacious, according as the dispensers are Godly or wicked?

Quaer. 25.

Whether, If a Minister be guilty of one or more of those crimes, he ought not first to be told thereof, and gently and meekly admonished by some or other in private, without discovering such a father's naked­nesse to others: And if he fall into the same Sin or sins again, then to be admonished thereof before o­thers: And if he then amend not, to be severely cor­rected and chastised by some in publick authority, be­fore he be quite cut off and rejected from the exerci­sing his function for ever? And what grounds are there in sacred writ for such an ejection of Ministers, as the Ordinance adjudgeth?

Quaer. 26.

Whether there are not in some Ministers other [Page 53]crimes of as high a nature and as deep guilt, as divers of those named in the Ordinance, and as much, if not more prejudiciall to the Glory of God, and to the be­nefit of those people that are committed to their charge, that are left unpunished by that Ordinance: As Pride, Covetousnesse, malice, false-accusation of brethren, treachery, Apostasie from the truth, Here­sie, instability of doctrine, being of one opinion one day, and condemning all that are not of the same, and deserting that opinion the next day if the wind turn, the having mens persons in admiration because of ad­vantage, the running greedily after the error of Bala­am for reward, the partaking in the gainsaying of Core, the prophesying or preaching lies, the neglect, if not contempt of Gods ordinances, especially the Sacrament of the Lords Supper, the violation of oathes and covenants &c. And whether those that are Judges of others should not doe better first to Judge themselves.

Quaer, 27.

Whether that clause of the Ordinance which ad­judgeth such Ministers to be ejected as have, or shall declare their disaffection to the present Government without excepting any, no not those that either have changed, or shall hereafter change their thoughts and affections into a better esteem and liking of it, will not, in probability rather confirm those that have been or shall be disaffected in that their disaffection for ever, then induce or perswade any of them to approve of, or comply with that Government, being excluded from all favour or mercy if they doe, having been once guilty of disaffection towards it.

Quaer. 29.

Whether the omitting of publick Catechising on the Lords day for many years together, and the ne­glecting to administer the holy Sacrament of the Lords Supper for as many are not crishes of an higher nature, and more meriting the ejection of those Mi­nisters, that are guilty of them, then the omitting for one Lords Day or two or ten, the publick praying or preaching on that day. Whenas publick Catechi­sing hath been acknowledged by our adversaries to have been the prime way of instruction, wherein we of the Reformed Religion have so much out-stript them, and gotten so much ground of them. And the often celebrating of the Sacrament of the Lords Sup­per is our only way of commemorating Christ's death and passion, that Christ himself hath prescribed us, and the prime means of sealing and assuring to us all the benefit thereof, even whatsoever Christ hath in his Gospel promised.

Quaer. 30.

Whether the act expressing how often omission of publick praying and preaching upon the Lords Day, either in a year, or in a mans life time, shall be repu­ted such negligence as that the Minister guilty there­of shall be ejected, as also how long absence from his cure, and at what distance, shall be accounted non Re­sidence, Does not expose all Ministers to strange and inavoidable hazzards of loosing their Livings or cures, according as five severall Commissioners, shall, at severall times, upon severall occasions, in their se­verall judgements alterable every day, please to de­termine?

Quaer. 31.

Whether it had not been requisite and necessary, for the preventing of malice and revenge in the par­ty or parties accusing, and for the preserving of inno­cency and uprightness in the party accused, and for the avoiding of perjury and subornation of perjury in the Witnesses on the behalf of both, as also for the clear­ing and justifying of the proceedings and determina­tions of the commissioners and the through satisfa­ction of their consciences therein, That there should have been some time limited and prescribed for every accuser of any Minister, concerning any of the crimes mentioned or referred to in the Ordinance to bring in his charge or accusation into the open court of the Commissioners, and then to present it to them, which in so many dayes or weeks after any of those crimes, whereof he [...]useth him, were committed; or else that his charge or accusation should not be received or re­puted of any validity.

Quaer. 32.

Whether upon the rendering of Ministers thus li­able to whatsoever men and devils can in the height of malice and depth of conspiracy contrive or con­spire against them. All sober and discreet men will not avoid the bre [...]ing up their children for that holy calling, which is of it self so perilous to the most able and faithfull, and is now, by this Ordinance exposed to so much scorn, and contempt, and persecution by all the enemies thereof. And so the Ministery of England must needs be soon worne out that way and the people be left without any Shepherd or have only blind guides, and those of the lowest of the peo­ple to go in and out before them.

Quaer. 33.

Whether, upon the ejection of so many Ministers, as 'tis visible will be ejected by this Ordinance, There will not be very many poor souls, even whole congre­gations of them, in all parts of this Nation, suddenly left destitute of any Pastor or Teacher to feed and in­struct them; or else one Pastor or Teacher must be interested with a tot quot of cures, as some, not fit to officiate in any cure (witnesse that there was vanity and iniquity of boasting that they should have so ma­ny) have already bragged that they shall ere long have five or six a piece. And besides 'tis to be feared (or rather it cannot be avoided) That notorious He­retiques, close Romanists, and mad Mechanicks will creep into cures of soules, as well as into pulpits in a multitude of Parishes, as they have done already in some, and so devour many poor souls for whom Christ shed his blood. For what shall keep such out? when if they have but so much impudency and hypo­crisie, as to tell two or three holy lies of the same and manner of their conversion (though they never were so wicked then when they so belyed God and themselves, by faigning themselves to have been so converted from their wickednesse) and then whine or snivel three or four time-serving principles, and answer, or admire at, four or five strange mungrel questions, which some of the propounders themselves understood not, and those that have any ingenuity a­mongst them can scarce forbear laughing at & for the palliating their ignorance disclaime human learning as savouring too much of the two universities Rome and Babylon; & at the last, If these rare gifts take not with all the Examiners, be but furnished with one good gift [Page 57]or two more in their hands to open some of the others mouths to speak a few good words in private on their behalf, and to say how they are affected and what opinion they are of, though their judgements never so small or weak, (all which any Heretick, Ro­manist, and illiterate mechanick may easily do) who shall dare to appear against them, unlesse they did hazard the losse of their own Livings for the opposing such that steal men in their stealing into other.

Quaer. 34.

Whether the ejecting of so many Ministers by this Ordinance, as are likely to be ejected, if the Ordinance it self be not repealed by his Highnesse with your Honours advice, will not bring a grea­ter scandall upon the Reformed Protestant Religion here in this Nation (and that not without some reflection of dishonour upon other Reformed Churches in other Nations) throughout Chri­stendome and elsewhere, then all those Ministers that shall be e­jected thereby, could ever have brought upon it, had they been all really guilty of all the scandalous crimes whereof they are or shall be maliciously and falsely accused.

Quaer. 35.

Whether it be not more then probable. That, as since the former ejecting, sequestring or removing, that is, one word depriving (for all or the most cicetions, sequestrations, or removes of Clergy-men, have pro­ved utter deprivations) of so many Ministers by the late Parliament, so many Atheisticall, hereticall, blas­phemous and execrable opinions, derogatory to the honour of God and destructive to humane society, have sprung up amongst us, and so many Popish points of doctrine have been maintained and propagated in all parts of this Nation, even by some that do pretend to abhorre the name of Popery, as well as by others. So likewise now, after that so many Ministers more shall be ejected by this Ordinance, The number of the foresaid horrid opinions and dangerous points of Doctrine will be very much augmented and increased [Page 58]in every Corner, nay in every open street, besides ma­ny other mischiefs that will grow apace upon us, that are not yet so evidently discernable; and of which his Highnesse himself, when it is too late, may be as sen­sible as any other? For they, who thus strike at the Ministery, will be as ready and as adventurous upon the least advantage they can find or make, to knock down the Magistracy.

Quaer. 36.

Whether, all these things considered, unlesse this Or­dinance be repealed, the strange proceedings, and un­paraleld sentences of each such Commission-Court in every County, together with the many sad effects and consequents, that will undoubtedly follow thereupon, will not very much justifie all, even all the exprobi­tances, illegalities, and cruelties, so much complained of and cried out against by the late Parliament, both in the High Commission Court of each Province, and in all Ecclesiastical Courts in every Diocess: and what the sense thereof may in time produce, let the dread­full issues of those former cries against those Courts, warn all that may be concerned.

Quaer. 37.

Whether, in case this Ordinance (notwithstanding all this) should for the sins and iniquites both of the Ministers and People of this Nation be still continued in force: (which the Lord of his mercy forbid, and rather take it into his own hands, then deliver us into the hands of such men) or if any other Commission should be established by any other Ordinance or Act (if the Lawes already established have not provided sufficient punishment for such offenders) for the admo­nishing, punishing, and (if neither of them will amend them) for the ejecting of scandalous, ignorant & insuf­ficient [Page 59]Ministers & Schoolmasters which ought to be done, and we pray it may be done (if God see it fit and requisite to be done,) with infinite caution, wisedome prudence and impartiality, It be not then very neces­sary, That all the allegations, accusations or charges of all and every of the accusers and prosecutors of Ministers, and all the Answers and pleas of the said Ministers in defence of themselses and their in­nocency, together with all the testimonies and deposi­tions of witnessesses on both parts, As also all the pro­ceedings, adjudications, or determinations of the Com­missioners thereupon, with the grounds and reasons thereof. Be exactly and punctually registred and re­corded, and all the particulars thereof, preceding sen­tence be openly and distinctly read in Court immedi­ately before any sentence or judgement be passed; that all the persons in their severall relations forenamed & concerned therein, may hear, and be assured, whether each particular be, as he or they delivered and under­stood it, or not: and if not, then to have liberty to cor­rect or amend whatsoever he or they were mistaken or misunderstood in. And then, when sentence is so pas­sed; That the said Sentence it self and the grounds thereof be also read in open Court, and the Commis­sioners hands that passed it, set thereto. To the intent, that both the accusers and prosecutors may be the more wary and just in their said allegations, accusati­ons, or charges, and the Accused the more watchfull and discreet in their answers and pleas, and the wit­nesses on both parts the more cautelous aed conscien­cious in their testimonies and depositions, and the Commissioners the more circumspect and impartiall in their sentences and determinations: as also, that all, [Page 60]that desire to be informed of the full truth of any, or all those transactions, may be the better satisfied; and which is not the least, That his Highnesse, in all com­plaints or appeales of injustice or grievance, may the more easily and accurately judge thereof.