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= = Route description = =
All of NY 38 — save for two sections within the city of Auburn — is maintained by the New York State Department of Transportation ( NYSDOT ) . In Auburn , the route is city @-@ maintained to the north and south of where the route meets US 20 and NY 5 in downtown Auburn . The portion of NY 38 that runs between and overlaps with those two routes is state @-@ maintained .
= = = Tioga and Cortland counties = = =
NY 38 begins at an intersection with NY 96 about 0 @.@ 5 miles ( 0 @.@ 8 km ) north of the Owego village limits in the town of Owego . The road heads northeastward as a two @-@ lane highway , paralleling Owego Creek as it proceeds along the base of a valley surrounding the waterway . The Tioga County portion of NY 38 passes through mostly rural , forested areas with only small , scattered pockets of development . The route continues toward the hamlet of Flemingville , where the Owego Creek splits into western and eastern branches . NY 38 does not enter the community ; instead , it bypasses it to the southeast and follows the eastern branch of Owego Creek into the town of Newark Valley .
The amount of homes along the route begins to increase as NY 38 approaches the village of Newark Valley . Just south of the village limits , NY 38 intersects NY 38B , a spur leading to NY 26 in Maine . The route continues into the small village as South Main Street and passes by several blocks of homes and commercial buildings . At Water Street , NY 38 becomes North Main Street ; however , from this point north , most of the village is situated on the opposite bank of Owego Creek . As a result , NY 38 continues through the village limits but passes very few buildings before seamlessly exiting the community and entering another rural area .
The route continues on , crossing over Owego Creek and passing the Newark Valley Country Club about 1 mile ( 1 @.@ 6 km ) north of Newark Valley village before entering the town of Berkshire . In Berkshire , NY 38 serves the hamlet of Berkshire , a small community situated directly on the highway . The route continues on through the narrowing creek valley into the town of Richford and the hamlet of the same name , where it meets NY 79 in the community 's center . After Richford , the valley continues to narrow for just under 1 @.@ 5 miles ( 2 @.@ 4 km ) before reversing course as the route heads into Cortland County and the town of Harford .
NY 38 clips the extreme southwestern corner of Cortland County ; as a result , only 3 @.@ 38 miles ( 5 @.@ 44 km ) of the route is located within the county . Just north of the county line , the route meets NY 200 in the hamlet of Harford Mills . NY 200 is little more than an alternate route to NY 221 , which NY 38 meets in the hamlet of Harford 1 @.@ 5 miles ( 2 @.@ 4 km ) to the northeast . In between Harford Mills and Harford , the east branch of Owego Creek separates from NY 38 and heads north to follow NY 221 instead . NY 38 continues northwest out of Harford hamlet and into Tompkins County .
= = = Tompkins County = = =
Upon entering the border town of Dryden , NY 38 emerges from the valley and becomes Dryden – Harford Road as it heads northwestward through a more low @-@ lying but still undeveloped area . The highway gradually curves to the north toward the village of Dryden , where the route changes names to South Street upon entering the village limits . It continues north across Virgil Creek and past three blocks of homes to the commercial village center , where it intersects both NY 13 and NY 392 . The latter begins here and heads off to the east while the former joins NY 38 along North Street .
The overlap between NY 13 and NY 38 ends at the northern village line . At this point , NY 13 continues north while NY 38 forks to the west , running along the village limits on Freeville Road for about 1 mile ( 1 @.@ 6 km ) through an area with only a handful of homes . While doing so , the route passes to the south of the Dryden Middle and High School complex . NY 38 heads onward through an open , undeveloped area , curving to the northwest and eventually to the north as it approaches the village of Freeville , where it serves the William George Agency for Children 's Services at the southern village line . It remains on Freeville Road until Railroad Street , where it turns west and proceeds into the densely populated village center . Here , it intersects the eastern terminus of NY 366 at a junction situated adjacent to Fall Creek .
NY 38 proceeds out of Freeville , passing over Fall Creek and heading north along Groton Road through a lightly populated area of the town of Dryden . The route passes by a mixture of open fields , forests , and isolated homes on its way to the Dryden – Groton town line , where it meets the southern terminus of NY 34B southeast of the hamlet of Peruville . NY 38 parallels the Owasco Inlet into Groton and the village of the same name , becoming Peru Road at the southern village line . It continues north , following South and Main Streets through the densely populated village to an intersection with NY 222 's western terminus at Cortland Street . At this point , NY 38 becomes Cayuga Street and winds its way northward along the Owasco Inlet and out of the village . Now known as Locke Road , NY 38 heads the northwest through another rural , largely undeveloped area into Cayuga County .
= = = Cayuga County = = =
Cayuga County , located in the Finger Lakes region of New York , has a highly unorthodox shape . Most of the county is only about 15 miles ( 24 km ) wide from its western border to its eastern edge . From north to south , however , it extends from Locke north to the Lake Ontario shoreline — a distance of about 55 miles ( 89 km ) . NY 38 passes through much of the county , ending about 4 miles ( 6 km ) south of the shoreline in Sterling . As a result , over half of NY 38 's routing is located in the county , with the midpoint located near the city of Auburn .
= = = = County line to Auburn = = = =
The route heads northwest from the county line , following the Owasco Inlet through open fields and past small patches of trees to the large hamlet of Locke . NY 38 heads north – south through the residential community as Main Street and intersects NY 90 at the center of the hamlet . North of the community , the highway crosses over the Owasco Inlet and enters another rural area dominated by fields situated amongst forests . Upon crossing into the town of Moravia , the amount of development along the highway increases as it passes Fillmore Glen State Park and approaches the village of Moravia .
In Moravia , a highly developed village comprising several blocks of homes and businesses , NY 38 is known as Main Street as it heads north into the village center . At Cayuga Street , NY 38 intersects NY 38A , the second of its two suffixed routes . NY 38A heads eastward from this point while NY 38 turns to follow West Cayuga Street across Owasco Inlet and out of the village . Past the inlet , NY 38 curves to the north and runs along the western edge of the Owasco Flats , a wide , flat @-@ bottomed , undeveloped valley at the foot of Owasco Lake . The flats give way to the lake in Cascade , a hamlet in the town of Venice , at which point NY 38 begins to climb up the western edge of the lake valley . It reaches the lip of the valley 2 miles ( 3 @.@ 2 km ) later in the town of Scipio .
For the next 2 @.@ 5 miles ( 4 @.@ 0 km ) , the route passes by open fields as it overlooks the lake to the east . The route gradually descends back into the valley as it heads further northward into the town of Fleming . Once in Fleming , NY 38 runs along the lakeshore and serves a long line of lakeside homes as it passes by a series of fields to the west . The amount of development along the route begins to increase at the northern end of the lake in the hamlet of Melrose Park , where NY 38 meets NY 437 by way of a traffic circle . At this point , NY 437 becomes the primary lakeside highway while NY 38 becomes a four @-@ lane divided highway and heads northwest as Lake Avenue toward the city of Auburn .
As NY 38 enters Auburn , it passes by Auburn High School before heading north through densely populated blocks filled with homes . The divided highway ends abruptly at Swift Street , where NY 38 turns west to follow the two @-@ lane undivided Swift Street west for seven blocks to NY 34 ( South Street ) . Here , NY 38 leaves Swift Street and joins NY 34 on South Street . The two routes follow South Street past the William H. Seward House into downtown Auburn , where the homes are replaced with businesses at Lincoln Street . Three blocks later , South Street intersects with the East Arterial ( eastbound US 20 and NY 5 ) . The overlap between NY 34 and NY 38 ends one block later at the West Arterial ( westbound US 20 and NY 5 ) , where NY 38 turns to follow the Arterial for a block to the west .
At State Street , NY 38 leaves US 20 and NY 5 and heads north through the city 's north side , crossing the Owasco Outlet and serving the Auburn Correctional Facility . The route passes through several blocks of commercial and residential development up to Grant Street , where it begins to taper off . It ceases almost entirely near the northern city line at York Street , where the homes along the highway become more sporadic and spaced apart .
= = = = North of Auburn = = = =
Now in the town of Throop , NY 38 follows the Owasco Outlet through open , mostly flat areas dotted with houses amongst fields and trees . Within Throop , it serves the small hamlet of Sawyers Corners , where NY 38 meets Turnpike Road ( County Route 10B or CR 10B ) . North of this junction , the houses give way to dense forests as the route continues along the waterway into the town of Mentz and the village of Port Byron a short distance north of the town line . It follows Main Street through a mostly commercial and industrial portion of the village to the village center , where it intersects NY 31 at Rochester and Utica Streets . NY 38 turns west , overlapping NY 31 along Rochester Street .
The two routes cross the Owasco Outlet and enter a more residential area of the community , where NY 38 splits from NY 31 and continues north along Canal Street . The route crosses over the New York State Thruway ( I @-@ 90 ) as it leaves the village limits and heads north into a largely undeveloped area of forests and fields . At North Port Byron , a sparsely populated hamlet 0 @.@ 5 miles ( 0 @.@ 8 km ) north of Port Byron , NY 38 passes over the CSX Transportation @-@ owned Rochester Subdivision railroad line . The highway continues on , becoming Conquest Road and crossing the Seneca River ( Erie Canal ) at Mosquito Point , near where Owasco Outlet flows into the river . NY 38 enters the town of Conquest upon traversing the waterway .
NY 38 continues north as an unnamed highway to the hamlet of Conquest , a small community built up around the intersection of NY 38 and Fuller and Slayton Roads . It continues on into the town of Victory , where the undeveloped fields give way to cultivated fields used as farmland . The route heads through mostly desolate surroundings to the hamlet of Victory , a slightly larger community centered on NY 38 . The route proceeds through the hamlet , passing by several homes on its way to a junction with NY 370 just north of the community . Past this point , the homes cease again as NY 38 presses on through more fields and forests to the town of Sterling .
Just north of the town line in the small hamlet of North Victory , NY 38 intersects NY 104 . Past this point , the route heads through mostly undeveloped , forested areas on its way to the hamlet of Finches Corners . North of here , the forests cede slightly as the amount of fields along the highway increases . The highway continues on to the hamlet of Sterling , where it ends at an intersection with NY 104A ( the Seaway Trail ) just south of the hamlet 's center and 4 miles ( 6 km ) south of the Lake Ontario shoreline .
= = History = =
= = = Old roads = = =
Several portions of modern NY 38 were originally part of turnpikes and plank roads during the 1800s . On April 13 , 1819 , the New York State Legislature passed a law incorporating the Cortland and Owego Turnpike Company . The company was tasked with building a highway — the Cortland and Owego Turnpike — from Owego north to the then @-@ village of Cortland . It roughly followed what is now NY 38 north from Owego to the vicinity of Harford , where it turned north to access Virgil . It continued to Cortland by way of modern NY 215 .
On April 13 , 1825 , the legislature chartered the Auburn and Port Byron Turnpike Company . The Auburn and Port Byron Turnpike began at the Auburn State Prison in Auburn and proceeded northward along the routing of NY 38 to meet the north branch of the Seneca Turnpike in the town of Brutus ( now Throop ) . From there , the turnpike continued on NY 38 through Port Byron to the Seneca River , where it ended at a bridge crossing the river at Mosquito Point . In 1851 , the Auburn and Moravia Plank Road Company was incorporated . They were tasked with connecting Moravia to Auburn by way of a plank road along the western side of Owasco Lake ( now NY 38 ) .
= = = Designation = = =
When the first set of posted routes in New York were assigned in 1924 , the portion of what is now NY 38 from Freeville to Moravia became part of NY 26 , a north – south highway extending from Freeville to Syracuse via Skaneateles . By 1926 , the segment of current NY 38 between Freeville and Owego was designated as NY 42 . In the 1930 renumbering of state highways in New York , the entirety of NY 42 and the portion of NY 26 south of Moravia was incorporated into the new NY 38 , which extended north from Moravia to NY 3 ( modern NY 104A ) in Sterling . The section of the route adjacent to Owasco Lake was still being constructed at the time of NY 38 's assignment ; it was completed c . 1932 .
NY 38 originally overlapped with NY 96 ( designated as NY 15 in 1930 ) through Owego to a terminus at the modern junction of NY 96 and NY 434 south of the village . The overlap was extended slightly along Southside Drive to NY 17 exit 64 in the 1960s following the construction of the Southern Tier Expressway through the area . It was removed altogether when NY 38 was truncated to the northern end of the overlap by 1994 .
= = Suffixed routes = =
NY 38A ( 21 @.@ 91 miles or 35 @.@ 26 kilometres ) runs from Moravia to NY 359 , near Mandana and NY 41A in southwestern Onondaga County , and then towards Auburn . It was assigned as part of the 1930 renumbering of state highways in New York .
NY 38B ( 7 @.@ 69 miles or 12 @.@ 38 kilometres ) is a short spur in Broome and Tioga counties connecting NY 38 in Newark Valley in the west to NY 26 in Maine in the east . It was assigned in the early 1950s .
= = Major intersections = =
= Westminster Assembly =
The Westminster Assembly of Divines was a council of theologians ( or " divines " ) and members of the English Parliament appointed to restructure the Church of England which met from 1643 to 1653 . Several Scots also attended , and the Assembly 's work was adopted by the Church of Scotland . As many as 121 ministers were called to the Assembly , with nineteen others added later to replace those who did not attend or could no longer attend . It produced a new Form of Church Government , a Confession of Faith or statement of belief , two catechisms or manuals for religious instruction ( Shorter and Larger ) , and a liturgical manual , the Directory for Public Worship , for the Churches of England and Scotland . The Confession and catechisms were adopted as doctrinal standards in the Church of Scotland and other Presbyterian churches , where they remain normative . Amended versions of the Confession were also adopted in Congregational and Baptist churches in England and New England in the seventeenth and eighteenth centuries . The Confession became influential throughout the English @-@ speaking world , but especially in American Protestant theology .
The Assembly was called by the Long Parliament before and during the beginning of the First English Civil War . The Long Parliament was influenced by Puritanism , a religious movement which sought to further reform the church . They were opposed to the religious policies of King Charles I and William Laud , Archbishop of Canterbury . As part of a military alliance with Scotland , Parliament agreed that the outcome of the Assembly would bring the English Church into closer conformity with the Church of Scotland . The Scottish Church was governed by a system of elected assemblies of elders called presbyterianism , rather than rule by bishops , called episcopalianism , which was used in the English church . Scottish commissioners attended and advised the Assembly as part of the agreement . Disagreements over church government caused open division in the Assembly , despite attempts to maintain unity . The party of divines who favoured presbyterianism was in the majority , but political and military realities led to greater influence for the congregationalist party . Congregationalists favoured autonomy for individual congregations rather than the subjection of congregations to regional and national assemblies entailed in presbyterianism . Parliament eventually adopted a presbyterian form of government , but it lacked the power the presbyterian divines desired . During the Restoration of the monarchy in 1660 , all of the documents of the Assembly were repudiated and episcopal church government was reinstated in England .
The Assembly worked in the Reformed Protestant theological tradition , also known as Calvinism . It took the Bible as the authoritative word of God , from which all theological reflection must be based . The divines were committed to the Reformed doctrine of predestination — that God chooses certain men to be saved and enjoy eternal life rather than eternal punishment . There was some disagreement at the Assembly over the doctrine of particular redemption — that Christ died only for those chosen for salvation . The Assembly also held to Reformed covenant theology , a framework for interpreting the Bible . The Assembly 's Confession is the first of the Reformed confessions to teach a doctrine called the covenant of works , which teaches that before the fall of man , God promised eternal life to Adam on condition that he perfectly obeyed God .
= = Background = =
Parliament called the Westminster Assembly during a time of increasing hostility between Charles I , monarch of England and Scotland , and the Puritans . Puritans could be distinguished by their insistence that worship practices be supported implicitly or explicitly by the Bible , while their opponents gave greater authority to traditional customs . They believed the Church of England , which had separated itself from the Catholic Church during the English Reformation , was still too heavily influenced by Catholicism . They sought to rid the church and nation of any of these remaining influences . This included the Church 's episcopal polity , or rule by a hierarchy of bishops . Puritans , unlike separatists , did not leave the established church . Under Charles , the Puritans ' opponents were placed in high positions of authority , most notably William Laud who was made Archbishop of Canterbury in 1633 , even though these " high churchmen " were in the minority . Puritans were forced to keep their views private or face fines and imprisonment . Laud promoted advocates of Arminianism , a theological perspective opposed to the Reformed theology of the Puritans . Worship practices such as kneeling at communion , bowing at the name of Christ , and the placement of communion tables at the East end of churches were also reinstated . To the Puritans , these seemed to be a step in the direction of Catholicism .
There were also conflicts between the king and the Scots , whose church was ruled by a system of elected assemblies called presbyterianism . James , Charles 's predecessor as King of Scotland , made it clear that he intended to impose elements of episcopal church government and the Book of Common Prayer on the Scots beginning in 1604 . The Scots considered this a reversion to Roman Catholicism . Charles furthered English impositions on the Church of Scotland in 1636 and 1637 . This led to the First Bishops ' War between Charles and the Scots in 1639 . Charles called what came to be known as the Short Parliament to raise funds for the war , but he soon dissolved it when it began voicing opposition to his policies . Following the Second Bishops ' War with the Scots in 1640 , Charles was forced to call another parliament to raise additional funds .
What came to be known as the Long Parliament also began to voice vague grievances against Charles , many of which were religious in nature . Parliament had many Puritans and Puritan @-@ sympathizing members , who generally opposed the existing episcopal system , but there was little agreement over what shape the church should take . Later in 1640 , the Root and Branch petition was presented to the House of Commons , the lower house of Parliament . It was signed by about 15 @,@ 000 Londoners and called for total elimination of the episcopal system . Committees were organized in the House of Commons to enact religious reforms , leading to the imprisonment of Archbishop Laud and his supporters in the Tower of London as retaliation for their repression of Puritans . The Court of High Commission and the Star Chamber , courts which had inflicted severe punishments on Puritan dissenters , were also abolished .
= = Calling the assembly = =
The idea of a national assembly of theologians to advise Parliament on further church reforms was first presented to the House of Commons in 1641 . Such a proposal was also included in the Grand Remonstrance , a list of grievances which Parliament presented to Charles on 1 December that year . Charles responded on 23 December that the church required no reforms . Undeterred , Parliament passed three bills in 1642 appointing an assembly and stipulating that its members would be chosen by Parliament . Charles , whose royal assent was required for the bills to become law , was only willing to consider such an assembly if the members were chosen by the clergy . This was the practice for selection of members of Convocation , the assembly of clergy of the Church of England .
Defying the king , between 12 February and 20 April 1642 , each county delegation of England in Commons chose two divines , in addition to two for each county of Wales , four for London , and two for each University ( Oxford and Cambridge ) . County delegations often chose divines from their own county , but not always . Commons chose the members in this way to ensure that their local constituencies were represented in the decision . The House of Lords , Parliament 's upper house , added another fourteen names on 14 May , to which Commons agreed . Meanwhile , relations continued to deteriorate between the king and Parliament . Charles raised the royal standard at Nottingham on 22 August , marking the beginning of the First English Civil War . The start of the war lent support to the cause of the Assembly in Parliament , because holding it would convince the Scots that Parliament was serious about reforming the church and induce the Scots to come to their aid . On the other hand , the war added strain to the already busy Parliament .
Parliament finally passed an ordinance to hold the assembly on its own authority without Charles 's assent on 12 June 1643 . It named as many as 121 ministers and thirty non @-@ voting parliamentary observers : twenty from Commons , and ten from the House of Lords . The Assembly was almost entirely English ; Parliament appointed Englishmen for the counties of Wales , but the French stranger churches ( churches of Protestant refugees from Catholic France ) sent two ministers in place of any from the Channel Islands . Many of the divines were internationally recognized scholars of the Bible , ancient languages , patristics , and scholastic theology . Many were also famous preachers . Most of these theologians had retained their positions in the Church during the tenure of William Laud . Some had been ejected from their churches or cited by ecclesiastical courts for their views . Some had fled to the Continent , and one to the American colonies . Nonetheless , they all considered themselves members of the Church of England and had received episcopal ordination . Most were conformists , meaning they agreed to follow the Act of Uniformity 1558 and the Book of Common Prayer .
The Assembly was strictly under the control of Parliament , and was only to debate topics which Parliament directed . Assembly members were not permitted to state their disagreements with majority opinions or share any information about the proceedings , except in writing to Parliament . Parliament chose William Twisse , an internationally respected theologian , to be the Assembly 's prolocutor or chairman . Due to Twisse 's ill health , Cornelius Burges , whom Parliament appointed as one of several assessors , served as prolocutor pro tempore for most of the Assembly . Twenty @-@ two appointed members of the Assembly died before 1649 , and they along with those who did not attend for other reasons were replaced by another nineteen members . Three non @-@ voting scribes were also added in 1643 .
= = Revising the Thirty @-@ Nine Articles = =
The Assembly 's first meeting began with a sermon by William Twisse in the nave of Westminster Abbey on 1 July 1643 . The nave was so full that the House of Commons had to send members ahead to secure seats . Following the sermon , the divines processed to the Henry VII Chapel , which would be their place of meeting until 2 October when they moved to the warmer and more private Jerusalem Chamber . After their initial meeting they adjourned for about a week , as Parliament had not yet given specific instructions .
On 6 July , they received a set of rules from Parliament and were ordered to examine the first ten of the Thirty @-@ Nine Articles , the current doctrinal standard of the Church of England , and " to free and vindicate the Doctrine of them from all Aspersions of false Interpretations " . After a day of fasting , the Assembly took a vow , as directed by Parliament , to " not maintain any thing in Matters of Doctrine , but what I think , in my conscience , to be truth " . The divines organized themselves into three standing committees , though each committee was open to any member of the Assembly . The committees would be assigned topics and prepare propositions for debate in the full Assembly following each morning of committee meetings . In addition , over 200 ad hoc committees were appointed for tasks such as examination of candidate preachers , college fellows , and suspected heretics .
The Assembly resolved , after some debate , that all the doctrines of the Thirty @-@ Nine articles would need to be proven from the Bible . Assembly members were prone to long speeches and they made slow progress , frustrating the leadership . The eighth of the Thirty @-@ Nine Articles recommended the Apostles ' Creed , Nicene Creed , and Athanasian Creed , considered to be basic statements of orthodoxy , to be received and believed . The Assembly was unable to resolve conflicts between those who would not be bound by creeds and those who wished to retain the existing language that the creeds be " thoroughly received and believed " . The " excepters " , who took the former position , argued that the articles only require the " matter " of the creeds be believed . On 25 August the article was put off until the rest of the articles could be dealt with . This early disagreement on fundamental issues revealed deep rifts between different factions of the assembly .
= = Debating church government = =
From the beginning of the First Civil War , the Long Parliament recognized that they would need assistance from the Scots . In return for a military alliance , the Scottish Parliament required the English to sign the Solemn League and Covenant in 1643 , which stipulated that the English would bring their church into greater conformity with the Church of Scotland . The Scottish Parliament sent commissioners to London to represent Scotland 's interests to the English Parliament . Eleven of these , four theologians and seven members of Parliament , were also invited to the Assembly . The commissioners were given the opportunity to become full voting members of the Assembly but declined , preferring to maintain their independence as commissioners of their own nation and church . Samuel Rutherford , George Gillespie , and Alexander Henderson were the most outspoken of the commissioners .
On 12 October 1643 , Parliament ordered the Assembly to cease work on the Thirty @-@ Nine Articles and to begin to frame a common form of church government for the two nations . The Assembly would spend a quarter of its full sessions on the subject of church government . The majority of the Assembly members supported presbyterian polity , or church government by elected assemblies of lay and clerical representatives , though many were not dogmatically committed to it . Several members of this group , numbering about twenty and including William Twisse , favoured a " primitive " episcopacy , which would include elements of presbyterianism and a reduced role for bishops .
There were also several congregationalists , who favoured autonomy for individual local churches . Their most influential divines were Thomas Goodwin , Philip Nye , Sidrach Simpson , Jeremiah Burroughs , and William Bridge . They were often called the " dissenting brethren " in the Assembly . They have sometimes been labelled " Independents " , but they rejected this term . The Assembly members for the most part reserved the label " Independent " for separatists who left the established church . The congregationalist divines cannot be equated with separatists and Brownists , as they had accepted episcopal ordination and remained in the Church of England . Their influence was assisted by the success of Oliver Cromwell and his New Model Army in the ongoing civil war . Cromwell and many others in the army supported congregationalism .
A third group of divines were known as Erastians , a term for those who believed that the state should have significant power over the church . The entire Assembly was Erastian in the sense that the body had been called by Parliament and was completely under state control . Those labelled " Erastian " at the Assembly believed the civil authority , rather than church officers , should hold the power of church discipline . This included the power to withhold communion from unrepentant sinners . They did not see any particular form of church government as divinely mandated , and because of this the dissenting brethren allied with them when it became clear that a presbyterian establishment would be much less tolerant of congregationalism than Parliament . There were only two divines at the Assembly who held the Erastian view , John Lightfoot and Thomas Coleman , but the presence of members of Parliament , especially John Selden , as well as the fact of parliamentary oversight of the Assembly , gave Erastian views disproportional influence .
Several episcopalians , supporters of the existing system of bishops , were also included in the summoning ordinance , but Parliament may have nominated them to lend greater legitimacy to the Assembly and not have expected them to attend because Charles had not approved of the Assembly . Only one , Daniel Featley , participated , and he only until his arrest for treason in October 1643 .
Debate on church officers began on 19 October . The Assembly began with the issue of ordination , as many of the divines were concerned about the rise of various sectarian movements and the lack of any mechanism for ordination of ministers of the established church . While some members did not seem to think ordination necessary for preachers ( though they should not administer the sacraments without it ) , a majority of the divines thought any regular preaching without ordination unacceptable and wished to erect a provisional presbytery for purposes of ordination . There was also debate at this early stage over the nature of the visible church . The congregationalists considered a church to be a single local congregation , while the majority considered the national church to be a unity and were alarmed at the prospect of a disintegrated English church . Despite these debates , up until the end of 1643 there was hope that a common church government could be framed that would be satisfactory to all parties involved .
On 3 or 4 January 1644 , the five leading dissenting brethren signalled a break with the rest of the Assembly when they published An Apologeticall Narration , a polemical pamphlet appealing to Parliament . It argued that the congregational system was more amenable to state control of religious matters than that of the presbyterians because they did not desire the church to retain any real power except to withdraw fellowship from aberrant congregations . By 17 January , the majority of the Assembly had become convinced that the best way forward was a presbyterian system similar to that of the Scots , but the dissenting brethren were allowed to continue to state their case in hope that they could eventually be reconciled . It was hoped that by avoiding asserting that presbyterianism was established by divine right , the congregationalists could be accommodated .
Despite these efforts , on 21 February it became clear just how fundamentally opposed the groups were . Philip Nye , one of the dissenting brethren , asserted in a speech that a presbytery set over local congregations would become as powerful as the state and was dangerous to the commonwealth , provoking vigorous opposition from presbyterians . The next day , the Assembly finally began to establish a prescription for presbyterian government . Owing to a strong belief in the unity of the church , the Assembly continued to try to find ways to reconcile the dissenting brethren with the majority throughout 1644 , including the establishment of a special committee for that purpose in March . However , on 15 November , the dissenting brethren presented their reasons for disagreement with the rest of the Assembly to Parliament , and on 11 December the majority submitted a draft of a presbyterian form of government .
= = Conflicts with Parliament = =
Relations between the Assembly and Parliament were already deteriorating in 1644 , when Parliament ignored the Assembly 's request that " grossly ignorant and notoriously profane " individuals be barred from communion . While members of Parliament agreed that the sacrament should be kept pure , many of them disagreed with the presbyterian majority in the Assembly over who had the final power of excommunication , taking the Erastian view that it was the state . Also , by 1646 , Oliver Cromwell 's New Model Army had won the war on behalf of Parliament . Cromwell , along with a majority of the army , was strongly in favour of religious toleration for all sorts of Christians even if the national church was to be presbyterian . His rise to power as a result of his military victories made the idea of a strictly presbyterian settlement without freedom of worship for others very unlikely . Parliament at least wanted to know which sins in particular were grave enough to trigger excommunication by the church ; the Assembly was reticent to provide such information , as the majority considered the power of the church in this area to be absolute .
In May 1645 , Parliament passed an ordinance allowing excommunicants to appeal the church 's sentences to Parliament . Another ordinance on 20 October contained a list of sins to which the church would be limited in its power to excommunicate . To the majority of the divines ' dismay , an even more Erastian ordinance was proposed in March 1646 . The Assembly published a protest , provoking the Commons to charge it with breach of privilege and to submit nine questions to the divines on the matter . Votes were to be included with the answers , an attempt to force the divines associated with the protest petition to reveal themselves .
The Nine Queries , as they came to be called , focused on the divine right ( jure divino ) of church government . While the presbyterian divines were capable of defending their vision for church government as established by divine right in the Bible , they were unwilling to answer the queries because doing so would further expose the disunity of the Assembly and weaken their case in Parliament . In July 1647 , the New Model Army invaded London and conservative members of Parliament were forced out . Parliament passed an ordinance establishing religious tolerance and ensuring that the Assembly 's vision of a national , compulsory presbyterian church would never come to fruition . In London , where support for presbyterianism was greatest , presbyteries were established in only sixty @-@ four of 108 city parishes , and regional presbyterian classes were only formed in fourteen of England 's forty counties . A planned national general assembly never met . Many presbyterians did , however , establish voluntary presbyteries in what was a de facto free church situation until the Restoration in 1660 , when a compulsory episcopal system was reinstated .