The Due Right of Presbyteries, Chapter 10 · Section 1 · Objection 9 – Objection 11
Ob. 9. From the Church here spoken of, their is no appeale, because the sentence is ratified in Heaven. 2. It inflicteth the highest punishment, the censure of excommunication, and a higher judicature can doe no more. 3. Their is no reason to appeale to a higher judicature, because the inferior may erre, because all above a Congregation are Courts which may erre: for Presbyteries, Provinciall, Nationall, the universall councell of the Catholique Church may erre. So Mr. Mather.
Answ. This is no reason why wee may not appeale from a M. Mather and Mr. Tom…on in Ans. to Mr. He…le. c. 2. p. 13. 14.Congregation, because the sentence is ratified in Heaven, because the sentence of an inferior Judge proceeding rightly is ratified in Heaven; yet we may appeale from him: to appeale is but upon feares of ill administration to desert a lower Court, and go to a higher Court, so when we feare a counsell and advice given by a sister Church to be not according to the Word of God, which yet is according to the Word of God, upon the supposall of that feare wee decline that counsell, and take another. Neither are we to appeale, de jure, from a just sentence in a presbytery. Illud possumus quod jure possumus. What the inferior Sanedrim of Israel did justly, was ratified in Heaven: yet by Gods Law there might be an appeale from it to the highest Sanedrim. 2. Nor is this a good reason that we may not appeale from a Judicature which may inflict the highest censure; for inferior Judicatures in Israel had power of life and death, yet might man appeale from them. 3. The cause of appeales is not because inferiour Judicature… may erre, for so wee might appeale from all judicatures, even from a general councell, for it may erre. But the true cause is. 1. Because rariùs errant, they do not so frequently erre. 2. They are not so inclined and disposed to erre, for many Eyes see more then one, and many Eyes doe more seldome miscarry in not taking up the right object then one. 3. Because we conceive more equality and lesse partiality in higher Courts.
Ob. 10. You grant that a single Congregation in an Island hath power intrinsecall of Excommunication within it selfe; Ergo, th… inconvenient which you put on independent Congregations, shall follow in the case of a remote congregation, Christ hath not then provided sufficiently for that Church in that case.
Answ. It followeth onelyonly; Ergo, Christ hath not provided so sufficiently for that Church as for others in a consociation, which is nothing against us. For woe to him that is alone, and two are better then one.
Ob. 11. If the Church here be a representative Church, the… it hath power from those whom they represent, but they represent the people, and so the power is first in the people, and the people must be the first visible Church, not the presbytery, not a generall councell. I prove the major, because the power the representer hath that must be first in the represented.
Answ. A representer standeth for another either objectively or subjectively. What ever representeth another objectively, that is, doth such a businesse for another, or in remejus, for his behalfe and good, though he some way represent that other, yet hath he not his power from that which he representeth; as the Eye objectively in seeing, and the Eare in hearing representeth the body, for the Eye seeth for the whole body, the Eare heareth for the whole body. But the eye hath not its visi…e, or seeing faculty from the body, nor the Eare the hearing faculty from the body. Now the Presbytery doth represent the people onelyonly objectively, that is, for the good and salvation of the people, and so the Elders have not all their power of ruling from the people, but from Iesus Christ. That which representeth another subjectively hath indeed its power from that which it representeth, as he who carrieth the person and roome of a King as an Ambassador, doth fetch his power from the King, and that power is more principally in the King. But now the Assumption is false, because the Eldership doth not represent the people, in their power of Jurisdiction, subjectively, as standing in the place of the people, but as the Ambassadors of Christ, and as stewards they have both the Keyes from Christ, not from the people, and doe actually use the Keyes, in his Name and authority, not in the peoples name and authority. Hence is easily answered that Delegatus seu deputatus non potest facere delegatum; one delegate cannot transfer his power to another delegate, that would bring a progresse infinite in government; for one deligate standing in the roome of others, sibjectively cannot transfer his whole power to another, its true; he cannot transfer his power in part and according to some singular acts, it is false: for Acts 15. 25. It is said by the councell, It seemed good unto us with one accord, to send chosen men to you, with Paul and Silar. Paul and Silas and these chosen men, suppose six or ten are in this Embassage, are but the deputies and Messengers of the councell, and yet they doe agree to make Paul their deputy, and mouth to speake for them all, seeing order requireth that six at once should not speake, in this case Paul speaking the minde of all the rest, in this singular act, he is a deputy of Deputies, and he representeth the whole six, who were Messengers of the Church sent with the Epistle, and these six were Deputies and Messengers of the councell, but as these six Messengers sent by the councell could not lay their whole power on another to carry the Epistle to the Church of Antioch, and bestow their labours elsewhere, nor could one of these six deligates, being chosen as deligate to speake for the rest, put that power of speaking the mind of the whole six off himselfe to another; in which sense, one deligate cannot make another, one Messenger cannot send another; so the Presbyteriall or classicall Court convened as the deligates of the whole Congregations under them, or rather deligates for them, then of them, decerning that one of a Congregation should be excommunicated, may deligate one in that Congregation to pronounce the sentence, and this one pronouncing the sentence as the deligate, and Messenger of the Church is a deligate & a deputy of deligates, and deputies, in one particular act; and this our Brethren in their own Church-sentences pronounced by one Elder, must also say.