SECT. VIII.
Touching the English Church at Franckford in Q. Maries time.
IO. DAV.(i) And to conclude, thus it was ordered in the English Church at Franckford, among the exiles in those Marian dayes, that if all the Ministers and Seniors be suspected, or found parties; if any appeale be made from them, that then such appeale be made to the body of the Congregation, &c. and that the body of the Congregation may appoint so many of the Congregation to heare and determine the said matter, or matters, as it shall seeme good to the Congregation. Againe, If any controversy be about the doubtfull meaning of any word or words in the Discipline, that first it be referred to the Ministers, or Seniors: and if they cannot agree thereupon, then the thing be referred to the whole Congregation.
ANSVV. I. It is to be observed, that these two Articles of Discipline being alledged against me by(k) Mr Canne as well as by Mr Dav. there is this difference betwixt them, that Mr Canne addes more words then he should, and Mr Daven. omits some words that should have been added. That which Mr Canne addes, is against himselfe, and serves to condemne the practise of the Brownists, when he faith of the Ministers and Seniors, that they have authority to heare & determine, &c. That which Mr Dav. omits, and refuseth to expresse, serveth to reproove such as complaine unjustly of excepting against the Elders judgement. For when that 62d Article speakes of appeale to be made unto the body of the Congregation, the Ministers, Seniors, & parties excepted; this latter clause shewes there is just cause of excepting against the Elders judgement sometimes; and that they are to be refu∣sed as incompetent judges, being parties. This brief clause being of speciall use in our controversy, ought not to have bene omitted by Mr Dav.
II. That which they alledge for appeale unto the body of the Congregation, doth not overthrow the authority of Synods. This granting one kinde of appeale doth not exclude or deny another. Seeing particular Congregations are subject to errour, and many of them dayly doe erre, why should not appeale be granted from them unto Classes and Synods, especially where there is no Magistrate that can or will judge of such errours?
III. This appeale made unto the body of the Congregation was not usually permitted, but extraordinarily in cases of speciall necessity, when the Ministers and Seniors were not able to end the controversies brought unto them: the ex∣presse words of the Article are(l) in case they cannot end them, then afterwards to be re∣ferred to the whole Congregation. Their ordinary practise was otherwise, as appeares in other Articles of their Discipline, where it is plainly ordained,(m) that the Mi∣nisters and Seniors shall have authority to heare and determine, on the behalf of the whole Church all offences (determinable by the Congregation) committed by any person in the Con∣gregation: unlesse the partie called before them have just occasion to take exception to the sayd Ministers and Seniors; or to appeale from them as not competent judges. And afterwards