The grand debate between the most reverend bishops and the Presbyterian divines appointed by…

Repl. Your second Rule also is too crudely delivered, and ⟨p. 94⟩therefore we must add: 1. A Judgement is a Sentence, in order to some Execution, and Judgements are specified from the ends, to which they are such means; When the question is either, what Law shall be made, or what penalty shall be exercised? the Magistrate is the only Judge, and not the Bishop or other Subject, In the first he exercises his judicium discretionis in order to a public Act. In the second he exerciseth a public judgement: When the question is, what order pro tempore is fittest in Circumstantials for this present Congregation; the proper Presbyters or Pastors of that Congregation, are the directive Judges, by Gods appointment. 3. The Magistrate is Ruler of these Pastors, as he is of Physicians, Philosophers, and other Subjects. He may make them such general Rules, especially for restraint, to go by, as may not destroy the exercise of their own Pastoral power: As he may forbid a Physician to use some dangerous Medicine on his Subjects, and may punish him when he wilfully killeth any of them: But may not on that presence appoint him what, and how, and when, and to whom he shall administer, and so become Physician himself alone. 4. When the question is, who shall be excluded from the Communion of a particular Church? The Pastors of the Church (or Congregation) are the first proper Judges. 5. When the question is, who shall be excluded from, (or received into) the Communion of all the associated Churches, of which we are naturally capable of Communion? The associated Pastors or Bishops of these Churches in Synods are Judg••; Beyond this there are no Judges. 6. When the question is, whether the Laws of Magistrates, or Canons of Bishops, are agreeable or not to the Word of God, and so the obedience is lawful or unlawful, the Conscience of each individual Subject is the Judge, per judicium discretionis, as to his own practise; And if men had not this judgement of discerning, but must act upon absolute implicit obedience, then first man were ruled as unreasonable, Secondly, the magistrate were made a God, or such a Leviathan as Hobbs describeth him; Thirdly, And then all sin might lawfully be committed, if commanded: But we are assured none of this your sense.