The keys of the kingdom of heaven and power thereof according to the word…The keyes of the kingdom of heaven and power thereof according to the word…

If it be said, to judge is an act of rule; and to be Rulers of the Church, is not given to all the Brethren, but to the Elders only: Answ. All judgement is not an act of authority or rule, for there is a judgement of discretion, by way of privilege, as well as of authority by way of sentence: That of discretion is common to all the Brethren, as well as that of authority belongeth to the Presbytery of that Church. In England, the Jury by their verdict, as well as the Judge by his sentence, do both of them judge the same malefactor; yet in the Jury their verdict is but an act of their popular liberty: In the Judge it is an act of his judicial authority.

If it be said, to judge is an act of rule; and to be Rulers of the Church, is not given to all the Brethren, but to the Elders only: Answ. All judgement is not an act of authority or rule, for there is a judgement of discretion, by way of priviledge, as well as of authority by way of sentence: That of discretion is common to all the Brethren, as well as that of authority belongeth to the Presbytery of that Church. In England, the Jury by their verdict, as well as the Judge by his sentence, do both of them judge the same malefactor; yet in the Jury their verdict is but an act of their popular liberty: In the Judge it is an act of his judiciall authority.

If it be demanded, What difference is there between these two?

The answer is ready, Great is the difference: for though the Jury have given up their judgement and verdict, yet the malefactor is not thereupon legally condemned, much less executed, but upon the sentence of the Judge: In like sort here, though the Brethren of the Church do with one accord give up their vote and judgement for the censure of an offender, yet he is not thereby censured, till upon the sentence of the Presbytery.